Baker & McKenzie International Arbitration Yearbook: 2013-2014

Author(s):

Liz Williams

Baker and McKenzie

ISBN:

978-1-937518-42-4

Page Count:

452 pages

Published:

March, 2014

This is the seventh edition of the Baker & McKenzie International Arbitration Yearbook, an annual series established by the Firm in 2007. This collection of articles is comprised of reports on arbitration in key jurisdictions around the globe. Leading lawyers of the Firm’s International Arbitration Practice Group, a division of the Firm’s Global Dispute Resolution Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends and tendencies in the jurisdictions in which they practice.

This Yearbook highlights the more important recent developments in international arbitration, without aspiring to be an exhaustive case reporter or a text-book to arbitration in the broad sense. This volume will prove a useful tool for those contemplating on and using arbitration to resolve international business disputes.

Foreword
About the 2013-2014 B&M Yearbook Editors
Yearbook Topics
Abbreviations and Acronyms
Introduction

ARGENTINA
Gonzalo E. Cáceres and Santiago L. Capparelli
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Annulment Request I: Time Limit for Rendering the Award
B.2 Annulment Request II: Scope of Annulment Review
B.3 Arbitrability of Environmental Disputes - Public
Policy Considerations
C. Regulation of Counsel Conduct in International Arbitration .
C.1 New IBA Guidelines
C.2 Counsel's Conduct Vis-à-Vis the Arbitrators
C.3 Counsels Conduct Vis-à-Vis the Client
C.4 Remedies for Counsel Misconduct

AUSTRALIA
Leigh Duthie, Mini vandePol and Jo Delaney
A. Legislation, Trends and Tendencies
A.1 Australian Arbitral Institutions
A.2 Trends
B. Cases
B.1 TCL Air Conditioner (Zhongshan) v Judges of the
Federal Court of Australia
B.2 Dampskibsselskabet Norden A/S v Beach Building &
Civil Group Pty Ltd .
B.3 Amcor Packaging v Baulderstone Pty Ltd
B.4 Gujarat NRE Coke Limited and Jagatramka v
Coeclerici Asia (Pte) Ltd
B.5 Eopply New Energy Technology v EP Solar
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

AUSTRIA
Alexander Petsche
A. Legislation, Trends and Tendencies
A.1 The Revision of the Vienna Rules
A.2 The Reform of Setting-Aside Procedure before
Austrian Courts
B. Cases
B.1 Challenge to an Arbitrator Post-Award
B.2 Enforcement against Art Objects Owned by States
B.3 Arbitration Clause Remains Valid after Dissolution
of the Company
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

BELARUS
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Domestic Legislation
B. Cases
B.1 Postponement of Enforcement of an Arbitral
Award upon a Debtor's Application
B.2 Disproportionality of Penalty Does Not Violate
Public Policy
C. Regulation of Counsel Conduct in International Arbitration

BELGIUM
Koen De Winter and Erik De Caluwé
A. Legislation, Trends and Tendencies
A.1 New Belgian Arbitration Act
A.2 New CEPANI Arbitration and Mediation Rules
B. Cases
B.1 Indivisible Disputes
B.2 Arbitrability - Validity of Resolutions of General
Shareholders' Meeting
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

BRAZIL
Joaquim T. de Paiva Muniz and Luis Alberto Salton Peretti
A. Legislation, Trends and Tendencies
A.1 Bill for a Revised Arbitration Act Passing before
Congress
A.2 CISG Enters into Force in 2014
B. Cases
B.1 No Need for Post-Dispute Submission Agreement if
There Is an Arbitration Clause
B.2 Superior Court of Justice Defines Application of
Competence-Competence
B.3 Injunction to Suspend Enforcement of an Award
during Annulment Proceedings
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

CANADA
Matthew J. Latella and Christina I. Doria
A. Legislation, Trends and Tendencies
B. Cases
B.1 Kerry Murphy v. Amway Canada Corporation
B.2 CE International Resources Holdings LLC v. Yeap
Soon Sit
B.3 Harrison v.UBS Holding Canada Ltd
B.4 Rusk Renovations Inc. v. Dunsworth
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

CHILE
Antonio Ortúzar, Sr., Rodrigo Díaz de Valdés and
Joaquín Reyes
A. Legislation, Trends and Tendencies
A.1 Legislative Framework
B. Cases
B.1 Ann Arbor Foods S.A. v. Moya Cuadra, Melo Labra
and Guerrero Pavez (Supreme Court, 2013,
docket No. 7701-2012
B.2 World Wines v. Mera Muñoz (Supreme Court, 2013,
docket No. 7341-2013)
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counse

CHINA
James Kwan, Peng Shen and Ying Wu
A. Legislation, Trends and Tendencies
A.1 Disputes among China International Economic
and Trade Arbitration Commission (CIETAC)
Sub-Commissions
A.1.1 Disputes between CIETAC and Its
Sub-Commissions
A.1.2 The Supreme Peoples' Courts' Notice to Resolve
the Uncertainty Caused by the Conflicts
B. Cases
B.1 Ruling of Jiangsu Court
B.2 Ruling of Zhejiang Courts
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.1.1 Likelihood of Adopting the IBA Guidelines
on Party Representation
C.1.2 Interaction with Local Laws and Disciplinary
and/or Professional Rules
C.1.3 Specific Concerns regarding Party
Representation
C.2 Counsel's Conduct with Arbitrators
C.2.1 Counsel's ex parte Communications with an
Arbitrator
C.2.2 Ex parte Communications with Arbitrators
during the Mediation Process
C.2.3 Duty of Loyalty of Counsel to the Client
C.2.4 Relationships between Counsel and Arbitrators
C.3 Counsel's Conduct with Parties
C.3.1 Counsel's Responsibility for Client’s Production
of Documents
C.3.2 Scope of Counsel’s Assistance with Witness
Statements and Expert Reports
C.3.3 Compensation of Witnesses and Experts
C.3.4 Witnesses' and Experts' Representation
C.4 Remedies for Misconduct of Counsel
C.4.1 Courts' or Arbitrators' Power to Address or
Remedy Counsel's Breach of Rules or Guidelines
C.4.2 Impact on the Apportionment of Costs in Arbitral
Proceedings

COLOMBIA
Claudia Benavides
A. Legislation, Trends and Tendencies
A.1 Arbitration in Infrastructure Concession Contracts
B. Cases
B.1 Ruling C-305 of 2013
B.2 Ruling C-765 of 2013
B.3 Ruling T-288 of 2013
B.4 SC Ruling of April 18, 2013
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

CZECH REPUBLIC
Martin Hrodek and Tomas Brozek
A. Legislation, Trends and Tendencies
A.1 Recent Developments in Legislation
A.2 Trends
B. Cases
B.1 Recognition and Enforcement of Foreign Arbitration
Awards
B.2 Reasons for Annulment of Domestic Arbitration
Award
B.3 Annulment of Foreign Arbitration Award
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

FRANCE
Jean-Dominique Touraille, Eric Borysewicz and
Karim Boulmelh
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Counterclaims Raised by an Impecunious Party
B.2 Serious Infringement in Case of Annulment of an
Enforcement Order
B.3 Res Judicata Effect of a Decision Rejecting the Challenge
of an Arbitrator
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

GERMANY
Ragnar Harbst, Heiko Plassmeier and Jürgen Mark
A. Legislation, Trends and Tendencies
B. Cases
B.1 Invalidity and Severability of an Arbitration Clause
B.2 Conflict between Expert Determination and Arbitration
Provision
B.3 Challenge to an Arbitrator
B.4 Validity of Arbitration Agreement Where Nomination of
Arbitrator Is Invalid
B.5 No Enforcement of Partial Award for Costs Advanced
on Other Partys' Behalf
B.6 Enforceability of an Award That Was Annulled in the
Country of Origin
B.7 State Immunity against the Enforcement of a
Foreign Arbitral Award
B.8 Attorneys' Time Charges Recognized as Recoverable
Costs
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

HONG KONG
James Kwan and Jasmine Chan
A. Legislation, Trends and Tendencies
A.1 Changes to the HKIAC Administered
Arbitration Rules
A.2 Amendments to the Arbitration Ordinance
B. Cases
B.1 Court of Final Appeal Re-Confirmed Pro-Arbitration
Approach
B.2 Court of First Instance Dismissed Set Aside
Application
B.3 Court of First Instance Adjourned Set Aside
Application
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.2.1 Ex parte Communications with an Arbitrator
C.2.2 Relationships between Counsel and Arbitrators
That May Create a Conflict of Interest
C.3 Counsel's Conduct with Parties
C.3.2 Witnesses and Experts
C.4 Remedies for Misconduct of Counsel

HUNGARY
József Antal and Dávid Kovács
A. Legislation, Trends and Tendencies
A.1 Amendment to the Hungarian Arbitration Act
A.2 Developments Regarding the Permanent Arbitration
Courts
B. Cases
B.1 Independence and Impartiality of Arbitrators
B.2 Liability of Arbitration Courts
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

INDIA
Zia Mody and Aditya Vikram Bhat
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 The Supreme Court Narrows the Pubic Policy Challenge
B.2 Prospective Elimination of Judicial Intervention
in Foreign-Seated Arbitrations
B.3 Courts May Refer Nonsignatories to Arbitration
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

INDONESIA
Timur Sukirno, Andi Yusuf Kadir and William Muliawan
A. Legislation, Trends and Tendencies
B. Cases
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

ITALY
Gianfranco Di Garbo
A. Legislation, Trends and Tendencies
A.1 Domestic Legislation
B. Cases
B.1 Ordinance of the Court of Cassation of
25 October 2013 n. 24353
B.2 Judgment of the Court of Cassation of
26 July 2013 n. 18134
B.3 Judgment of the Court of Cassation of
10 July 213 n. 17099
B.4 Judgment of the Tribunal of Milan of
10 October 2013 (PG vs. Isolet)
B.5 Judgment of the Court of Appeals of Rome of
20 February 2013 (At.di Pe.vs P.M. Co.Ge.Srl)
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

JAPAN
Haig Oghigian, Takeshi Yoshida, Tomohiro Tateno and
Yuichiro Omori
A. Legislation, Trends and Tendencies
A.1 Proposed Amendments to the JCAA Rules
A.2 Consolidation of the Claims by the JCAA
A.2.1 Denial of Arbitrator by the JCAA
A.2.2 Procedure for Nominating the Arbitrator in
Multi-Party Arbitrations
A.2.3 Stipulation of Rules Regarding Procedural
Schedule and Terms of Reference
A.2.4 Emergency Arbitrator
A.2.5 Med/Arb
B. Cases
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

KAZAKHSTAN
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
B. Cases
B.1 Investment Disputes
B.2 Commercial Arbitration Disputes
B.3 Prohibition of Commencement of Parallel
Arbitration Proceedings
B.4 Scope of Arbitration Clauses in Subsoil Use Contracts
C. Regulation of Counsel Conduct in International Arbitration

KOREA
June Junghye Yeum and Saemee Kim
A. Legislation, Trends and Tendencies
A.1 Impending Amendments to the Korea Arbitration Act
A.2 Korea's Efforts to Promote International Arbitration
B. Cases
B.1 Refusal to Enforce under Article V(1)(b) of the
New York Convention
B.2 Refusal to Enforce under Articles V(1)(a) of the
New York Convention
B.3 Refusal to Enforce under Article V(2)(b) of the
New York Convention
B.4 Refusal to Enforce for Lack of Specificity in the
Relief Sought
C. Regulation of Counsel Conduct in International Arbitration
C.1 Potential Impact of the New IBA Guidelines on Party
Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

KYRGYZSTAN
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Investment Arbitration
B. Cases
B.1 Constitutionality of the Law on Arbitration Courts
C. Regulation of Counsel Conduct in International Arbitration

MALAYSIA
Elaine Yap
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 Incorporation of Arbitration Agreement by Reference
B.2 Ouster of Statutory Remedies by Arbitration
Agreement
B.3 Proper Law to Determine Substance of Jurisdictional
Challenge
C. Regulation of Counsel Conduct in International Arbitration
C.1 IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

MEXICO
Javier Navarro-Velazco, Salvador Fonseca-González
and Juan Carlos Zamora-Müller
A. Legislation Trends and Tendencies
B. Cases
B.1 Res Judicata as a Matter of Public Policy
B.2 Interim Relief in Aid of Arbitration Can Be Granted
Ex Parte
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

THE NETHERLANDS
Frank Kroes and Esther Croonen
A. Legislation, Trends and Tendencies
A.1 Legislative Proposal to Amend Dutch Arbitration Act
A.2 Trends and Tendencies
B. Cases
B.1 Court Proceedings: Setting Aside an Arbitral Award
B.2 Court Proceedings: Appeal against a Decision in
Which Leave to Enforce Is Granted
B.3 Court Proceedings: Enforcement of Foreign
(Set Aside) Arbitral Award
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

PERU
María del Carmen Tovar, Ana María Arrarte,
Javier Ferrero and Sebastián Basombrío
A. Legislation, Trends and Tendencies
B. Cases
B.1 Arbitration Jurisdiction Depends on the Agreement
of the Parties
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

PHILIPPINES
Donemark J.L. Calimon and Camille Khristine I.
Aromas
A. Legislation, Trends and Tendencies
A.1 Proclamation No. 518
A.2 The PDRCI Mediation Rules
B. Cases
B.1 The Manila Insurance Company, Inc. v. Spouses
Roberto and Aida Amurao
B.2 RCBC Capital Corporation v. BDO Unibank, Inc.
and BDO Unibank, Inc. v. Court of Appeals
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

POLAND
Marcin Aslanowicz and Sylwia Piotrowska
A. Legislation, Trends and Tendencies
B. Cases
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

RUSSIAN FEDERATION
Vladimir Khvalei and Irina Varyushina
A. Legislation, Trends and Tendencies
A.1 Proposed Reforms
A.2 Review of Public Policy Exception
B. Cases
B.1 Bosch Termotechnik v. AVTOSPED Internationale
Speditions GmbH
B.2 Transtelecom CJSC v. Vega Engineering LLC
B.3 Backstreet Environmental Ltd. v. Rosgazifikatsia OJSC
B.4 Government of Moscow v. S&T Handelsgellschaft
B.5 Lemmi Vertriebsgesellschaft v. Kompaniya C-Toys
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

SINGAPORE
Tan Weiyi and Jennifer Fong
A. Legislation, Trends and Tendencies
B. Cases
B.1 Lack of Jurisdiction as Ground for Resisting
Enforcement
B.2 The Various Grounds for Refusing to Enforce or
Setting Aside an Award
B.3 Court Will Not Uphold Injunctions Requiring
Unacceptable Supervision
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Conflict of Interest due to Relationship between
Counsel and Arbitrators
C.4 Counsel's Conduct with Parties
C.5 Remedies for Misconduct of Counsel

SOUTH AFRICA
Gerhard Rudolph and Darryl Bernstein
A. Legislation, Trends and Tendencies
A.1 Proposed Changes to the Arbitration Act
B. Cases
B.1 North East Finance v Standard Bank
B.2 Foize Africa v Foize Beheer
B.3 Enviroserv Waste Management (Pty) Ltd v Wasteman
Group (Pty) Ltd and others
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

SPAIN
José María Alonso, Alfonso Gómez-Acebo, José Ramón
Casado, Víctor Mercedes and Fernando de la Mata
A. Legislation, Trends and Tendencies
A.1 Arbitration Functions of the National Markets and
Competition Commission
A.2 Arbitration for Lease Agreement DisputesS
B. Cases
B.1 Improper Notice of Proceedings
B.2 Preliminary Criminal Issues
B.3 Issues Relating to Evidence
B.4 Lack of Independence and Impartiality of the Arbitrator
B.5 Hybrid Clauses
B.6 Recognition and Enforcement of Foreign Awards
B.7 Necessity of the Parties' Will to Submit a Matter to
Arbitration
B.8 Competence of Awards' Enforcement
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

SWEDEN
Jonas Benedictsson, Stefan Bessman, Magnus Stålmarker
and Gustav Ståhl
A. Legislation, Trends and Tendencies
B. Cases
B.1 Challenge to Arbitral Award Regarding Share Buy-out
B.2 Foreign Arbitral Award Not Enforceable Where
No Proper Notice of Proceeding
B.3 Invalid Arbitration Agreement?
B.4 Counsel Obliged to Pay a Minor Part of the Opposing
Party's Legal Costs .
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

SWITZERLAND
Joachim Frick, Urs Zenhäusern, Anne-Catherine Hahn,
Luca Beffa and Sabrine Schnyder
A. Legislation, Trends and Tendencies
B. Cases
B.1 Appointment of a Co-Arbitrator by a Foreign
Juge d'appui
B.2 Interpretation and Validity of an Arbitration Agreement
B.3 Inequality of Treatment as a Procedural Violation
B.4 Effect of Foreign Law on Arbitrability and
Validity of an Arbitration Agreement
B.5 Noncompliance With Number of Arbitrators
Stated in the Arbitration Clause
B.6 Conditions for Opting Out of Chapter 12 PILA and
Decision on Costs
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

TAIWAN
Tiffany Huang and Amber Hsu
A. Legislation, Trends and Tendencies
B. Cases
B.1 Res Judicata and Issue Preclusion
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

TURKEY
Ismail G. Esin and Ali Yesilirmak and Dogan Gultutan
A. Legislation, Trends and Tendencies
B. Cases
B.1 The Turkish Court of Appeal Redefines Public Policy
B.2 An Arbitration Clause in a Company's Articles
of Association Risks Invalidity
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

UKRAINE
Igor Siusel, Olga Shenk, Nataliya Demir and
Kseniia Pogruzhalska
A. Legislation, Trends and Tendencies
A.1 ICSID
A.2 Insolvency Issues
B. Cases
B.1 Ukrainian Debtor Seeks to Avoid Enforcement Based
on Lack of Authority of Counsel
B.2 Refusal to Recognize and Enforce an Award for
Lack of Notice
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

UNITED ARAB EMIRATES
Gordon Blanke and Soraya Corm-Bakhos
A. Legislation, Trends and Tendencies
A.1 Institutional Framework
A.2 Legal Framework
A.3 Draft New Arbitration Law
B. Cases
B.1 Enforcement of Foreign Awards
B.2 Public Order
B.3 Non-recoverability of Parties' Fees in DIAC
Arbitrations
B.4 Attachment Orders in Support of Enforcement
of Arbitration Awards
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

UNITED KINGDOM (ENGLAND AND WALES)
Steve Abraham, Thomas Yates and Ekaterina Finkel
A. Legislation, Trends and Tendencies
B. Cases
B.1 Severability Where Parties Did Not Agree to the
Main Contract
B.2 Anti-Suit Injunctions
B.3 Injunction to Preserve Underlying Contractual Rights
B.4 The Dallah Principle
B.5 Challenges to Arbitral Awards
B.6 Disclosure Order to Enforce Arbitral Award
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

UNITED STATES
Matthew Allison, Keith L. Wurster, Donna Williams,
Andrew Biberstein and Laura Zimmerman
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Oxford Health Plans LLC v. Sutter, 133 S. Ct.
2064 (2013)
B.2 American Express v. Italian Colors, 133 S. Ct.
2304 (2013)
B.3 Incorporating UNCITRAL Rules Delegates Arbitrability
Issues to Arbitrator
B.4 Argentina Waived Sovereign Immunity by Becoming
Party to ICSID Convention
B.5 Personal Jurisdiction Needed to Confirm Award
Covered by New York Convention
B.6 A Non-signatory Defendant Cannot Invoke Equitable
Estoppel to Compel Arbitration
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

UZBEKISTAN
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 Investment Arbitration Cases
B.2 Uzbek Court Practice Relating to Arbitration
C. Regulation of Counsel Conduct in International Arbitration

VENEZUELA
Henry Torrealba and Edmundo Martínez
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends
B. Cases
B.1 Limits on Examination of an Arbitration Clause by
an Ordinary Court
B.2 Arbitration Agreements Can Be Evidenced by
Exchange of Emails
B.3 Constitutional Protection Request against
International Arbitration Awards
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

VIETNAM
Chi Anh Tran and Thuy Duong Van
A. Legislation, Trends and Tendencies
B. Cases
C. Regulation of Counsel Conduct in International Arbitration
C.1 New IBA Guidelines on Party Representation
C.2 Counsel's Conduct with Arbitrators
C.3 Counsel's Conduct with Parties
C.4 Remedies for Misconduct of Counsel

Executive Editor

Liz Williams is a Senior Professional Support Lawyer in Baker
& McKenzie's London office with a strong focus on user-driven
knowledge management and training. She has seven years
experience as a PSL and 10 years fee-earning experience in
insurance litigation and general commercial litigation. Ms.
Williams serves as chair of the Refugee Law Practice Group in
Baker & McKenzie's London office and is a Fellow of the
Higher Education Academy in the UK as well as co-author of
Strong & Williams, Complete Tort Law: Text and Materials
(Oxford University Press, 2d ed., 2011.)

Editorial Committee: Baker & McKenzie International
Arbitration Group

Co-Chairs:
Grant Hanessian is a Partner in the New York office of Baker
& McKenzie and serves as co-chair of the Firm';s International
Arbitration Practice Group and chair of the Litigation/Dispute
Resolution department of the New York office. He has more
than 25 years of experience serving as counsel and arbitrator in
disputes concerning contract, energy, construction, commodities,
financial services, insurance, intellectual property and other
matters. Mr. Hanessian is a member of the Commission on
Arbitration of the ICC and the ICC Task Force on Arbitration
Involving States or State Entities, as well as the American
Society of International Law, American Bar Association,
Association of the Bar of the City of New York, American
Arbitration Association and London Court of International
Arbitration. He is an editor of this publication and co-editor of
the Gulf War Claims Reporter (ILI/Kluwer, 1998) and
International Arbitration Checklists (Juris Pub., 2d ed., 2008).

Guenter Pickrahn is a Principal in the Frankfurt office of Baker
& McKenzie, editor in chief of the German Arbitration Journal
(SchiedsVZ) and member of the advisory board of the German
Arbitration Institution (DIS), as well as a member of the LCIA.
He is co-chair of the Firm's International Arbitration Group and
serves on the steering committee of the Firm's Europe, Middle
East and Africa Dispute Resolution Practice Group. Dr.
Pickrahn's arbitration practice includes all aspects of commercial,
domestic and international disputes, both as a party representative
and as an arbitrator. He has particular expertise in post-acquisition
disputes and disputes involving complex technical issues.

Steering Committee:
José María Alonso is Managing Partner and head of the
Litigation & Arbitration Department at Baker & McKenzie's
Madrid office and member of the Steering Committee of the
International European Disputes Practice Group.

Jonas Benedictsson is a Partner in Baker & McKenzie's
Stockholm office. His practice includes various aspects of
arbitration, litigation, alternative dispute resolution and insolvency.
Mr. Benedictsson leads Baker & McKenzie's Dispute Resolution
Practice in Stockholm.

Donald J. Hayden is a Partner in Baker & McKenzie's Miami
office. His practice involves primarily cross-border disputes
being resolved through litigation and arbitration. He leads Baker
& McKenzie's Dispute Resolution Group in Miami.

Vladimir Khvalei is a Partner in Baker & McKenzie's Moscow
office and heads its CIS Dispute Resolution Practice Group. Mr.
Khvalei serves as a Vice President of the ICC International Court
of Arbitration and is included in the list of arbitrators of the
arbitration institutions in Austria, Russia, Belarus, Kazakhstan
and Dubai, and as Chairman of the Board of the Russian
Arbitration Association.

James Kwan is a Partner in the Dispute Resolution Group of
Baker & McKenzie in Hong Kong, where he leads the arbitration
practice. He specializes in infrastructure, engineering, and
energy disputes and has a range of international experience,
having represented clients in arbitrations in Hong Kong, Asia,
the Middle East, and Europe under the major institutional rules.

Joaquim T. de Paiva Muniz is a Partner in Baker &
McKenzie's Rio de Janeiro office and a professor of Business
Law and Arbitration, teaching graduate courses at Fundação
Getúlio Vargas (FGV). Mr. Muniz is Chairman of the
Arbitration Commission of the Rio de Janeiro Bar (OAB/RJ) and
coordinator for the arbitration courses of the Rio de Janeiro Bar,
including a lato sensu graduate course. He is also Chairman of
the Rio de Janeiro section of the Brazilian Institute of Corporate
Law (IBRADEMP) and author of many articles on international
arbitration and Brazilian corporate law, including co-author of
Arbitration Law of Brazil: Practice and Procedure (Juris
Publishing 2006) and Arbitragem Internacional e Doméstica
(Forense 2009).

Haig Oghigian is a Partner and co-chair of the Litigation and
Dispute Resolution Group at Baker & McKenzie, Tokyo office.
In addition to his work in dispute resolution, Mr. Oghigian
advises clients on mergers and acquisitions, joint ventures,
license agreements and distribution agreements, as well as
construction and engineering contracts.

Edward Poulton is a Partner in the London office of Baker &
McKenzie and a member of the Firm's Global Dispute
Resolution Practice Group. He focuses his practice on
international arbitration, complex litigation, commercial and
investment treaty arbitration and public international law. Mr.
Poulton's experience ranges from contract and M&A disputes to
more specialist claims in the banking sector and investment
treaty claims. He has acted as advisor and advocate in many
international arbitrations under the rules of the major arbitral
institutions and serves as an arbitrator under both the ICC and
LCIA rules. Mr. Poulton's client base covers a wide range of
sectors, including financial services, electronics, aviation and
telecommunications. He is a member of the Law Society of
England & Wales, ICC, LCIA, Young International Arbitration
Group and Investment Protection Forum of the British Institute
of International and Comparative Law.

Regional Editors

Asia-Pacific:

Angela Ang is a Professional Support Lawyer in Baker &
McKenzie's Hong Kong office and a senior associate in the
Hong Kong Dispute Resolution Group. She has represented
clients in a broad range of contentious matters in the areas of
commercial litigation, corporate insolvency and cross-border
investigations. Ms. Ang is qualified as a solicitor in Hong Kong,
Victoria (Australia) and England & Wales.

Jo Delaney is a Special Counsel in the Sydney office of Baker &
McKenzie and member of the Firm's Global Dispute Resolution
Group. She has 15 years' experience in commercial, construction
and investment arbitrations under the ICC, LCIA, SIAC, AAA,
UNCITRAL and ICSID arbitration rules covering a diverse
range of industries, including energy, resources and infrastructure,
general construction and telecommunications and information
technology. Ms. Delaney is a Council member of the Australian
branch of the Chartered Institute of Arbitrators, Vice Chair of the
IPBA Arbitration and Dispute Resolution Committee and member
of the ILA Management Committee, AFIA General Committee,
ACICA, Arbitral Women, Young ICCA and Young ICSID.

Gerald Kuppusamy is a Partner in the Singapore office of
Baker & McKenzie. He advises clients on cross-border litigation
and international arbitration in a wide variety of commercial
disputes. He has represented clients in courts in Singapore and
New York and in arbitrations under the arbitration rules of the
ICC, SIAC, NASD (now FINRA), AAA and UNCITRAL. He is
a Fellow of both the Chartered Institute of Arbitrators and the
Singapore Institute of Arbitrators.

Europe, Middle East and Africa:

Richard Allen is an Associate and Solicitor Advocate in the
London office of Baker & McKenzie and a member of the
Firm's Global Dispute Resolution Practice Group. His
experience covers a broad spectrum of contentious and noncontentious
work, including commercial and competition
litigation, international arbitration, public law and regulatory
advice. The current focus of his practice is in the fields of
aviation law and public international law. He is a member of the
Law Society of England & Wales, the LCIA Young International
Arbitration Group, the Royal Institute of International Affairs
(Chatham House), the International Law Association and the
International Legal Network of Avocats Sans Frontières.

Fiona Lockhart is an Associate in the London office of Baker &
McKenzie and a member of the Firm's Global Dispute
Resolution Practice Group. Her experience covers a broad
spectrum of contentious and non-contentious work, including
commercial litigation, international arbitration, public law and
regulatory advice. Ms. Lockhart is a member of the Law Society
of England & Wales, the LCIA Young International Arbitration
Group and Young Public Law Lawyers Group.

Louise Oakley is an Associate in the London office of Baker &
McKenzie's Dispute Resolution Department. Her experience
covers a broad spectrum of contentious and non-contentious
work, including commercial litigation, international arbitration,
product liability and public law matters. She is a member of the
Law Society of England & Wales, the LCIA Young International
Arbitration Group and Young Public Law Lawyers Group.

Anjuli Patel is an Associate in the Dispute Resolution
Department at Baker & McKenzie, London. She has experience
in International Arbitration in both London and Hong Kong. Ms.
Patel graduated in 2010 with an LLB in English and French Law
from King's College London and Université Paris 1 Panthéon-
Sorbonne.

Latin America:

Michael Atkins is an Associate in the New York office of Baker
& McKenzie. He is a member of the Litigation Practice Group,
where he assists on a range of complex commercial litigation and
arbitration matters.

Laura Zimmerman is an Associate in the Litigation Practice
Group of Baker & McKenzie's New York office. Her practice
focuses mainly on international arbitration and commercial
litigation matters for foreign and domestic clients, including
work on arbitration matters administered by the ICC, ICDR and
ICSID.

William H. Richardson, CIArb is a Partner based in the
Toronto office of Baker & McKenzie. He is a member of the
Firm's International Arbitration Practice Group. With more than
25 years experience in all manner of civil litigation, Mr.
Richardson now focuses on international commercial
arbitrations, including intellectual property disputes for which he
is a recognized expert internationally. Mr. Richardson is a
Fellow of the Chartered Institute of Arbitrators (UK), the world's
leading professional body for promoting the settlement of
disputes by arbitration, mediation and other alternative dispute
resolution methods.

Jeremy Tor is an Associate in the New York office of Baker &
McKenzie. He is a member of the Litigation Practice group. Mr.
Tor's practice focuses on commercial litigation and international
arbitration. Prior to joining Baker & McKenzie, he clerked for a
United States Court District Judge.

North America:

David Zaslowsky has practiced in the area of international
commercial litigation and arbitration for more than 27 years. He
has appeared in various federal and state courts (trial and
appellate) throughout the country and has participated in
arbitrations, both inside and outside the United States, before the
AAA, ICC, ICDR, Iran-United States Claims Tribunal, HKIAC
and NASD, as well as in ad hoc arbitrations. Mr. Zaslowsky
currently serves on the ICC Task Force on Decisions as to Costs.
He is included in the Chambers USA Guide for his expertise in
International Arbitration. He is also on the roster of arbitrators
for the ICDR and the AAA.

"The authors do a creditable job of providing a contemporaneous baseline of knowledge for each of the countries covered and thus a basis for high-level comparative analysis. In summary, and with some important caveats, this is a resource that is likely to provide utility to a range of individuals involved in international commerce, trade and investment. Those engaged in the negotiation of contracts, or the resolution of disputes as counsel or arbitrator, are all likely to find something of use, as are students of the subject matter."
-The Expert and Dispute Resolver (TEDR); review by Craig Kersey

Author/Editor Detail:

Reviews:

Table of Contents:

Foreword
About the 2013-2014 B&M Yearbook Editors
Yearbook Topics
Abbreviations and Acronyms
Introduction

|Help

Baker & McKenzie International Arbitration Yearbook: 2013-2014

PDF of Title Page and T.O.C.

PDF of Title Page and T.O.C.