Fordham International Arbitration Conference

404 Pages·2017·8.64 MB·English

Fordham International
Arbitration Conference
Facing the Future in International Arbitration:
Evolving Issues, Practices and Solutions
Friday, November 17, 2017 | 9 a.m. – 5:45 p.m.
CLE Materials & Speaker Biographies
Fordham Law School, 150 West 62nd Street,
New York City
Facing the Future in International
Arbitration: Evolving Issues,
Practices and Solutions
Table of Contents
1. Speaker Biographies
2. CLE Materials
Committee on International Commercial Disputes. Awards of Interest in
International Commercial Arbitration: New York Law Practice. New York City Bar
Association. June 21, 2017
Anthony, Philip and Weinstein, Les. The Social Science Edge in Arbitration and
Mediation, New York Dispute Resolution Lawyer, Fall 2012 vol. 5, No. 2.
Bogart, Christopher. Deeply flawed: A perspective on the ICCA-Queen Mary
Task Force on third-party funding. Burford. (October 6, 2017)
ICCA. Draft ICCA-Queen Mary Task Force on Third-Party Funding in International
Arbitration. International Council for Commercial Arbitration (September 1, 2017)
Kaplan, Neil, A Secret Tool for Winning an Arbitration Case, Asian Dispute
Review, July 2015.
Martoran, Robert, Ethics and Commercial Litigation Finance. Burford Capital.
June 28, 2017.
Moselle, Dr. Boaz & Gibson, Colm. The role of the expert in price review
arbitrations. Global Law and Business.
Salomon, Claudia. Making the Most of Mock Arbitrations, GAR News, May 25,
2017.
Spiller, Pablo T., Manuel A. Abdala, Lopez Zadicoff, Pablo D.. World Arbitration
& Mediation Review. The Center for American and International Law. Volume 5,
No. 1 2011.
Sussman, Edna. Improving your Arbitration Presentation with the Mock
Arbitration: Two Case Studies, New York Dispute Resolution Lawyer, Fall 2012 vol.
5, No. 2.
Tuholski, Stephen. Mock Arbitrations: Getting the Most Value for your Project,
New York Dispute Resolution Lawyer, Fall 2012 vol. 5, No. 2.
Online Links
1. Report of the Joint Task Force on Issue Conflicts in Investor-State
Arbitration established in November 2013 between ICCA and the American Society
of International Law’s Howard M. Holtzmann Center
2. Puppies or Kittens? How To Better Match Arbitrators to Party Expectations
by Ema Vidak-Gojkovic, Lucy Greenwood and Michael McIlwrath
3. Arbitrator Intelligence
4. Global Arbitration Review, Arbitrator Research Tool
5. Pierre Mayer, Reflections on the International Arbitrator's Duty to Apply the
Law: The 2000 Freshfields Lecture, 17 ARB. INT'L 235 (2001).
6. Susan D. Franck, The Liability of International Arbitrators: A Comparative
Analysis and Proposal for Qualified Immunity, 20 NEW YORK LAW SCH. J. INT’L
& COMP. L. 1 (2000).
7. Susan D. Franck,The Role of the International Arbitrator, 12 ILSA J. INT’L &
COMP. L. 499 (2006).
Speakers Biographies contributor to six books and numerous arti- Cravath Swaine & Moore as a litigator, Bogart
cles on the nuances of trial strategy. moved to Time Warner where, as executive
Mohamed S. Abdel Wahab 
vice president & general counsel of Time
Professor of Law, Cairo University; With a Ph.D. in psychology, communications,
Warner Inc., he managed one of the largest
Arbitrator, Zulficar & Partners Law Firm and business from University of Southern
legal functions in the world, with more than
California, Anthony has offered unique
Wahab holds the following positions: chair of 350 lawyers. He also served as chief execu-
legal insights on CBS News, NBC News, and
private international law and professor tive officer of Time Warner Cable Ventures
National Public Radio, and has been quoted
of dispute resolution at Cairo University; and as chief executive officer of Time Warner
in such prestigious publications as The Wall
founding partner and head of international Entertainment Ventures. Bogart was the
Street Journal, The Los Angeles Times, The New
arbitration at Zulficar & Partners Law Firm; gold medalist and graduated with distinction
York Times, Time Magazine, among others.
vice president of the ICC International Court from the Faculty of Law of the University of
of Arbitration; court member of the LCIA; Western Ontario, and served as a law clerk to
president of LCIA’s Arab Users’ Council; R. Doak Bishop the chief justice of Ontario.
Partner, King & Spalding
court member of the CIMAC, vice chair of
the IBA Arbitration Committee; member of Bishop is partner in King & Spalding’s The Honorable Charles N. Brower
the CIArb’s Practice and Standards Houston office and co-chair of the firm’s International Judge and Arbitrator;
Committee; member of the CRCICA international arbitration practice group. He Judge, Iran-United States Claims Tribunal;
Advisory Committee; member of AAA-ICDR has a B.A. with high honors and departmen- Judge ad hoc, International Court of Justice;
International Advisory Committee; and tal distinction from Southern Methodist Member, 20 Essex Street Chambers
member of the SIAC African Users’ Council University (1973), and J.D. degree with hon-
Judge Brower has been an international judge
Committee. He has served as arbitrator, ors from the University of Texas Law School
for 34 years, including serving as judge ad
counsel, or legal expert in more than 175 (1976), where he was research editor of the
hoc on the Inter-American Court of Human
cases involving parties from the Middle East, Texas Law Review. He has 40 years of legal
Rights. His public service includes four
Europe, Asia, Canada, and the United States. practice, with a focus on international arbi-
years in the Office of the Legal Adviser of
He has appeared in cases under the auspices tration and foreign investment disputes. He
the Department of State, including as the
of the AAA-BCDR, CRCICA, DIAC, DIFC- is board certified in civil trial law by the Texas
acting legal adviser, and a period in the White
LCIA, ICC, ICSID, LCIA, LMAA, SCC, SIAC, as Board of Legal Specialization. He is on the
House as deputy special counsellor to the
well as ad hoc UNCITRAL executive committee of the American Society
president of the United States (sub-Cabinet
proceedings and governed by Bahraini, of International Law, the board of trustees of
rank as deputy assistant to the president).
Egyptian, English, French, Jordanian, Kuwaiti, the Center for American and International
His many appointments as international arbi-
Libyan, New York, Omani, Pakistani, Qatari, Law. He has served as chair of the Institute
trator caused The American Lawyer recently
Saudi, Singaporean, Spanish, Swiss, Syrian, of Transnational Arbitration (2012-2015)
to dub him “the reigning king of international
Italian and United Arab Emirates law(s), as and is a member of the U.S. delegation to
arbitrators.” Interspersed with decades
well as the general principles of law. the NAFTA Advisory Committee on Private
of public service he was for many years a
Commercial Disputes. He is advisor to the
Wahab is included in Who’s Who Legal: partner of White & Case LLP in New York and
American Law Institute’s Restatement of
Arbitration, the GAR Global Guide for Future Washington, D.C. Judge Brower holds a B.A.
the Law (3rd) of International Commercial
Leaders in International Arbitration (2017), and (cum laude) from Harvard College, a J.D. from
Arbitration, and has been an adjunct profes-
the GAR Guide on Thought Leaders in the Harvard Law School, and was a Fulbright
sor at the following institutions: SMU Law
International Arbitration (2017)—among only scholar in Germany.
School (1999) (International Commercial
33 world-class practitioners worldwide.
Arbitration), University of Houston Law
Who’s Who Legal (2017-2018) has said that Andrea Carlevaris 
School (2002) (Foreign Investment
Mohamed Abdel Wahab is “one of the best Partner, BonelliErede
Disputes), University of Texas Law School
practitioners in the world today” thanks to
his “sharp mind and excellent legal (2014) (Foreign Investment Disputes), Carlevaris is a partner at BonelliErede. He is
knowledge.” and University of Oklahoma Law School based in Paris and Milan. 
(2012, 2013, 2015) (Foreign Investment
Disputes). He has served as co-chair of the Between September 2012 and May 2017, 
Philip K. Anthony international litigation committee of ABA’s Carlevaris has been the secretary general of
Chief Executive Officer, DecisionQuest, Inc. Litigation Section (1998-2000) and chair the ICC International Court of Arbitration and
Anthony is chief executive officer of of the Litigation Section of the State Bar the director of the ICC Dispute Resolution
DecisionQuest, Inc., a trial consulting and of Texas (1998-1999). He has served as Services. Before joining the ICC Court, he
strategic communications firm with offices in arbitrator in about 80 arbitrations, including was a partner in the Rome office of Bonelli
Los Angeles, Chicago, Pennsylvania, New ICSID, LCIA, ICC, AAA/ICDR, NAFTA, and Erede Pappalardo, which he joined in
York, Boston, Washington DC, Atlanta, San BIT arbitrations. He is editor of The Art of 2003. He was also a member of the ICC
Francisco, Miami, and Minneapolis. Anthony Advocacy in International Arbitration (2nd International Court of Arbitration and of the
is an adjunct professor at the University of ed. Juris Publishing 2010), co-author of ICC Commission on Arbitration. He has acted
California Irvine Law School and a board Foreign Investment Disputes: Cases, Materials as an advocate or as an arbitrator in numerous
member of the University of Southern and Commentaries (Kluwers, 2nd ed. 2014), proceedings (ICC, ICSID, UNCITRAL, Milan
California and a trustee of the University of editor of Enforcement of Arbitral Awards Chamber of Arbitration). 
California Irvine. Against Sovereigns (Juris 2009), and co-au- Carlevaris is currently a member of the board
thor of Annulment Under the ICSID Convention
of directors of EFILA (the European Forum
With a career spanning over 30 years, (Oxford Press 2012).
of International Law and Investment), IMI
Anthony has built a reputation as one of the
(International Mediation Institute) and AIA
nation’s leading and most sought-after trial
Christopher Bogart (the Italian Association for Arbitration),
consultants. He has shared his vast exper-
Chief Executive Officer, Burford Capital a founding member and member of the
tise as a frequent lecturer at the American
advisory board of Arbit (the Italian Forum
College of Trial Lawyers, the American Bogart co-founded Burford Capital and is
for International Arbitration and ADR) and
Bar Association (ABA), the Association of the chief executive officer. After working at
a member of the steering committee of the
Business Trial Lawyers (ABTL), Practicing
Law Institute, and the National Institute for
Trial Advocacy (NITA). He is an author and
International Arbitration Commission of UIA Stephanie Cohen Susan Franck
(Union International des Avocats).  Independent Arbitrator Professor, American University, Washington
College of Law
Carlevaris graduated magna cum laude from Cohen is a Canadian arbitrator based in New
the University of Rome “La Sapienza.” He York City. She frequently sits as tribunal chair Franck is a world-renowned expert in
holds a Ph.D. in international law from or sole arbitrator in international commer- international arbitration and economic law.
the same university. Andrea is an adjunct cial disputes, and is also among the first 30 Her scholarship involves writing over 40
professor at Sciences Po Law School in emergency arbitrators appointed by the ICC. publications and making more than 120
Paris. He is the author of a monograph on Cohen has heard cases under the ICC, ICDR, presentations, which have led to her being
conservatory and provisional measures in AAA, SMA, and UNCITRAL rules and is a cited in reports from the U.S. Department
international arbitration and of numerous member of the international and domestic of State and American Bar Association, as
articles on international law, conflict of arbitrator panels for the AAA/ICDR as well well as being quoted in the popular press
laws, and international arbitration. He as a fellow of the Chartered Institute of including in the Wall Street Journal. She
regularly contributes to several journals, Arbitrators. Previously, Cohen was counsel in has provided expert commentary to the
serving on the board of directors of the the international arbitration and commercial United Nations Conference on Trade and
European International Arbitration Review,  litigation practice groups at White & Case Development, International Centre for the
Rivista dell arbitrato, Diritto del commercioint LLP in New York where she represented Settlement of Investment Disputes, Inter-
ernazionale and Giustizia civile. clients in complex, high-value disputes before American Development Bank, Asian-Pacific
international arbitration tribunals and courts. Economic Cooperation, and developed and
Marinn Carlson She is a graduate of McGill University and the developing states. Franck is the chair of
Partner, Sidley Austin LLP University of Toronto Faculty of Law and is the academic council of the Institute for
dually qualified as a lawyer in New York and Transnational Arbitration, an elected member
Carlson leads the investment treaty arbitra-
Ontario, Canada. Who’s Who Legal (2018) of the American Law Institute, and a member
tion practice at Sidley Austin LLP, representing
recognizes Cohen as one of the “most highly of the Executive Council of the American
both claimant investors and respondent
regarded” arbitration practitioners aged 45 Society of International Law. She received
governments in high-profile investor-state
or under and says she is “‘an entrepreneurial her B.A. in psychology and political science
arbitrations under bilateral and multilateral
and courageous independent arbitrator’ who from Macalester College, her J.D. from the
treaties. Her clients have ranged from multi-
excels in international commercial disputes.” University of Minnesota, and obtained her
national energy, infrastructure, and financial
(www.cohenarbitration.com) LL.M. at Queen Mary’s University of London
services companies to the governments of
after winning a U.S.-U.K. Fulbright Grant
Peru, Costa Rica, and Turkey. In a 2017 article
Franco Ferrari to study international dispute resolution.
in the Journal of International Economic Law,
Professor of Law; Director, Center for Franck is qualified to practice law in England
the breadth and depth of Carlson’s interna-
Transnational Litigation, Arbitration and and Wales, Minnesota, and the District of
tional arbitration practice placed her in the
Commercial Law; NYU School of Law Columbia.
top 25 most experienced ISDS counsel in
the world, among the “core of lawyers who Ferrari was most recently a chaired professor
Clayton P. Gillette
dominate the caseload.” She is named as of international law at Verona University
Max E. Greenberg Professor of Contract Law,
one of the Top 250 Women in Litigation by in Italy (2002-2016). Previously, he was
NYU School of Law
Benchmark and as one of Latin America’s a chaired professor of comparative law
Top 100 Female Lawyers in Arbitration and at Tilburg University in the Netherlands Gillette teaches in the areas of commercial
Litigation by Latinvex. (1995-1998) and the University of Bologna law, contracts, and local government law. He
in Italy (1998-2002). After serving as a is the author, with Steven D. Walt, of The UN
Carlson is also an adjunct professor teach-
member of the Italian delegation to various Convention on Contracts for the International
ing investment treaty arbitration at the
sessions of the United Nations Commission Sale of Goods: Theory and Practice (Cambridge
American University’s Washington College
on International Trade Law (UNCITRAL) University Press 2016), Advanced Introduction
of Law, in addition to frequently speaking at
from 1995 to 2000, he was legal officer at to International Sales Law (Elgar 2016); and
conferences and workshops on international
the United Nations Office of Legal Affairs, Sales Law: Domestic and International (3d ed.
arbitration around the world. Carlson is active
International Trade Law Branch, from 2000 Foundation 2016). He has written numerous
in professional organizations in interna-
to 2002, where he was responsible for articles on various aspects of commercial law,
tional law and international arbitration: she
numerous projects, including the prepara- including long-term contracts, damages, the
has served on the executive council and is
tion of the UNCITRAL digest on applica- law and economics of contract law, and com-
presently the budget and finance chair of
tions of the UN Sales Convention. Ferrari mercial opportunism. Gillette’s work explores
the American Society of International Law
has published more than 280 law review subjects ranging from the appropriate degree
(ASIL);, she is on the executive committee
articles in various languages and 20 books of municipal fiscal autonomy, to the role of
and is a regular faculty member teaching
in the areas of international commercial reputation in commercial transactions, to the
witness and expert examination skills at
law, conflict of laws, comparative law, and political economy of international sales law.
the Foundation for International Arbitration
international commercial arbitration. Ferrari
Advocacy (FIAA); she is a member of the Gillette received his B.A. from Amherst
is a member of the editorial boards of var-
editorial advisory board of InvestmentClaims; College and his J.D. from the University of
ious peer-reviewed European law journals
and she is on the board of directors of the Michigan School of Law. Prior to joining the
(Internationales Handelsrecht, European Review
Capital Area Immigrant Rights (CAIR) NYU faculty, Gillette served as the Perre
of Private Law, Contratto e impresa, Contratto e
Coalition, a provider of pro bono legal ser- Bowen Professor of law at the University of
impresa/Europa, and Revue de droit des affaires
vices to detained immigrant adults and chil- Virginia School of Law, and as professor of
internationales). Ferrari received his LL.M.
dren facing deportation in the Washington law and Warren Scholar in Municipal Law at
from Augsburg University, Germany and J.D.
D.C. metro area. Carlson received her J.D. Boston University. He was vice dean at NYU
from Bologna University, Italy.
from the Yale Law School, a master’s in public School of Law from 2004 to 2007. Before
affairs from Princeton University’s Woodrow entering academia, Gillette clerked for Judge
Wilson School, and a B.A. summa cum laude J. Edward Lumbard of the United States Court
from Dartmouth College. of Appeals for the Second Circuit, and was
associated with Cleary, Gottlieb, Steen and James Lawrence regulatory proceedings. He has addressed
Hamilton in New York City. Executive Director, Blakely Advocacy issues including development of expected
Institute, University of Houston Law Center cash flows, discount rates, control premia,
Teresa Giovannini country risk adjustments, prejudgment
Lawrence serves as the executive director
Founding Partner, LALIVE interest, and interpretation of acquisition
of the Blakely Advocacy Institute at the
transactions and publicly traded company
Giovannini is a founding partner of LALIVE University of Houston Law Center. The Blakely
values. Maniatis is recognized as one of the
(1994) specializing in international arbitra- Institute provides skills training to over 400
world’s arbitration expert witnesses by Global
tion (including setting aside proceedings with law center students each year. He also directs
Arbitration Global Arbitration Review’s The
the Swiss Supreme Court), as well as art law. the law center’s highly successful Moot Court
International Who’s Who of Commercial
She has acted in more than 180 international Interscholastic Competition Program and
Arbitration. He hold a bachelor’s degree in
arbitrations (among which 120 as arbitrator, Alternative Dispute Resolution Interscholastic
economics from Wesleyan University and an
including 84 as presiding or sole arbitrator), Competition Program. Over the past five
M.B.A. from Yale University.
either ad hoc or administered by various years, both programs have fielded intercolle-
institutions (AAA/ICDR, ICC, ICHEIC, ICSID, giate teams that have won over 38 interna-
Michael McIlwrath
LCIA, etc.). Giovannini is the Swiss member tional, national, and regional titles.
Executive Counsel, Litigation, GE
of the ICC Court of Arbitration and the ICC
He specializes in the alternative dispute
Commission on Arbitration and ADR since McIlwrath is a graduate of UC Berkeley
resolution process, with a focus on legal
1 July 2015, after having been a member and Cornell Law School. He practiced in
negotiation and communication. He designed
and vice-president of the LCIA Court from the litigation department of Willkie Farr &
and teaches several of the law center’s
2006 until 2011 and a member of the Arbitral Gallagher in New York City, and joined GE
Alternative Dispute Resolution courses
Council of the Milan Chamber of Arbitration in 1999 in Florence, Italy, as the global lead
including Legal Negotiations, Advocacy
from 1997 to 2005. She is also part of several litigation counsel for GE Oil & Gas, a world
Survey, and Advanced Negotiations. He
panels of arbitrators (ICC Swiss National leading supplier of technology in the oil and
has taught Negotiations in the University of
Committee, ICDR, LCIA, etc.) as well as of gas industry (as of July 2017 part of Baker
Houston, Bauer College of Business Executive
arbitration committees (board of directors of Hughes, a GE Company).
M.B.A. program and he also serves on the
the American Arbitration Association, ICC
Professional Sports Counseling Panel for the He is co-author of International Arbitration
Institute Council, global advisory board of the
University of Houston Athletic Department, and Mediation: A Practical Guide (Kluwer Law
New York International Arbitration Centre,
where he works with University of Houston International 2010), a regular contributor
LCIA Company, Club of Arbitrators of the
athletes, on an as needed basis, in their nego- to the Kluwer Arbitration Blog, and was
Milan Chamber of National and International
tiations with professional agents. the chair of the Global Pound Conference
Arbitration, etc.). Giovannini is a frequent
in 2016-17. McIlwrath is a member of the
speaker and lecturer on international arbitra- Lawrence is a principal with Trial Science
governing body for dispute resolution of the
tion and the author of various publications in Solutions, a national and international trial
International Chamber of Commerce (ICC),
the field. She has been ranked by Chambers, and arbitration advocacy consulting firm
the board of directors and past chairman
Legal Experts Europe, the International Who’s where he engages in the study of judge, jury,
of the International Mediation Institute
Who of Commercial Arbitration, and the Global and arbitration decision making and the
(IMImediation.org), the advisory boards
Arbitration Review for many years. development of successful trial and arbitra-
of the Singapore International Arbitration
tion advocacy. He is the communications
Centre, the Vienna International Arbitration
Louis B. Kimmelman expert for the American Bar Association/
Centre, and Arbitrator Intelligence. He was
Partner and Co-Leader, Global International National Institute for Trial Advocacy’s Family
recently recognized by Arbitral Women as
Arbitration Practice, Sidley Austin LLP, Law Trial Advocacy Institute and he has
the organization’s Champion of Change in
New York Office served as a program director and faculty
2017 for promoting diversity in international
member for many other courses offered by
Kimmelman focuses on the arbitration and arbitration.
NITA.
litigation of complex commercial and invest-
ment treaty disputes as well as litigation in He is a fellow in the Chartered Institute of Ina C. Popova
aid of the arbitration process. Kimmelman Arbitrators and is vice chair for Membership Partner, Debevoise & Plimpton
regularly represents U.S. and foreign clients, of the North American Branch of CIArb. He is
Popova is a partner in Debevoise &
as well as sovereign entities, in international certified to teach the Member Level Course
Plimpton’s international dispute resolution
disputes before arbitral tribunals and state for the Chartered Institute and he is currently
group who focuses on international arbitra-
and federal courts in the United States. He a co-editor for the American Arbitration
tion and litigation and public international
has acted as lead counsel and as arbitra- Association’s Yearbook on Arbitration and
law. Popova is admitted to practice in Paris
tor in numerous cases before the leading the Law. He holds a certificate in advanced
and New York and holds advanced degrees
international arbitration institutions. He arbitration skills from the law center’s A.A.
in English law. Fluent in several languages,
is an adjunct professor of law at Brooklyn White Dispute Resolution Center and he is
Law School and Georgetown University a qualified mediator in Texas. Lawrence is a Popova leads matters in French and Spanish
Law Center, where he teaches International featured speaker in advocacy training pro- and regularly handles disputes arising out of
Commercial Arbitration, as well as an adviser grams both nationally and internationally. Africa and Latin America. She has particular
expertise in matters in the mining, energy,
to the American Law Institute project on the
and technology, media and telecommunica-
Restatement of the U.S. Law of International M. Alexis Maniatis
tions sectors. She sits as arbitrator and serves
Commercial Arbitration. He received his President and CEO, The Brattle Group, Inc
as counsel in a broad range of international
B.A. degrees from Yale University and his and
Maniatis has more than 25 years of expe- matters.
J.D. degree from Yale Law School.
rience providing consulting and expert
witness testimony and advising clients on Popova is recognized within the legal commu-
valuation and damages issues in expropria- nity as one of the top international lawyers
tions, contract disputes, competition-related of her generation. She is listed in Who’s Who
litigation, asset and merger transactions, and Legal Arbitration (main edition), was named
one of the top 40 up-and-coming lawyers Before founding Competition Dynamics, on Financial Institutions and International
nationwide by the American Bar Association, Putnam held a chair in the law and eco- Arbitration. She is the co-editor of Choice of
is recognized a “Future Star” and member nomics of intellectual property at the Venue in International Arbitration, published
of the “Under 40 Hot List” by Benchmark University of Toronto. He has also held by Oxford University Press. She is admitted
Litigation, and is one of only six international academic appointments at Vassar College, to practice in New York and England & Wales
arbitration Next Generation Lawyers by Legal Columbia University, Yale University, and is a graduate of Harvard Law School.
500. Who’s Who Legal Arbitration – Future and Boston University. He is the editor of
Leaders describes Popova as “very bright, Intellectual Property Rights and Innovation in the Pablo T. Spiller
impressively efficient and extremely well Knowledge-Based Economy (2006). His Ph.D. J.Jacobs Distinguished Professor of Business
liked in the community.” dissertation was the first to measure the & Technology, University of California,
global value of patent rights.  Berkeley and Compass Lexecon
Popova serves in a number of leadership
positions, including on the Court of the Catherine A. Rogers Spiller, Ph.D. economics, University of
Casablanca International Mediation and Professor of Law, Penn State Law and Chicago, is a senior consultant at Compass
Arbitration Center (CIMAC), on the 2018 Queen Mary Lexecon. He is also the Jeffrey A. Jacobs
ICCA Program Committee, as past co-chair of Distinguished Professor Emeritus of Business
the annual meeting of the American Society Rogers teaches at Penn State Law and is and Technology at the Haas School of
of International Law, advisory board member an affiliate faculty member of the School of Business, University of California, Berkeley;
of the Institute for Energy Law, and rappor- International Affairs; she has a dual appoint- research associate at the National Bureau of
teur for the ASIL-ICCA Joint Task Force on ment as professor of ethics, regulation, and Economic Research; and the former pres-
Issue Conflicts in Investor-State Arbitration. the rule of law at Queen Mary, University of ident of the International Society for New
She has taught law at the Institut d’Études London, where she is also co-director of the Institutional Economics and an elected mem-
Politiques de Paris (Sciences Po) and is a fel- Institute of Regulation & Ethics. Rogers is ber of the board of directors of the American
low of the Société de Législation Comparée. a reporter for the American Law Institute’s Law & Economics Association.
Restatement of the U.S. Law (Third) of
She speaks and writes regularly on arbitra-
Spiller has written extensively on regulatory,
International Commercial Arbitration, a
tion-related issues.
antitrust, and institutional issues, having pub-
member of the board of directors of the
lished more than 130 academic articles and
Lagos Court of Arbitration, a member of the
William W. Park 10 books. Spiller has also extensive consult-
international advisory board of the Vienna
Professor of Law, Boston University ing and expert testimony experience, having
International Arbitration Center, and co-chair,
testified in more than 130 litigation and
Park teaches at Boston University in the together with William W. “Rusty” Park and
international arbitration cases, involving both
areas of international tax and finance. After Stavros Brekoulakis, of the ICCA-Queen
treaty and contractual disputes rendering
studies at Yale and Columbia, he practiced in Mary Task Force on Third-Party Funding in
opinions on damages, contract interpretation
Paris until returning home to Boston, where International Arbitration. She is the founder
and regulatory issues in a variety of sectors
he served as director of Boston University’s of Arbitrator Intelligence, a nonprofit orga-
throughout the world. He has testified in
Center for Banking Law. nization that aims to increase transparency,
jurisdictions such as the ICSID, ICC, LCIA,
accountability and diversity in the arbitrator
Park is general editor of Arbitration and AAA. He has also consulted extensively
selection. Rogers’ scholarship focuses on
International and former president of the with the World Bank, United Nations, and the
the convergence of the public and private in
London Court of International Arbitration. Inter-American Development Bank as well as
international adjudication, the intersection
Visiting academic appointments include governments and private companies.
of markets and regulation in guiding profes-
Cambridge, Dijon, Hong Kong, Auckland and
sional conduct, and on the reconceptualiza- Spiller was the editor-in-chief and associate
Geneva. A member of the governing board
tion of the attorney as a global actor. Rogers editor of the Journal of Law, Economics, and
of the International Council for Commercial
regularly engages in arbitration-related Organization for 19 years, and held multi-
Arbitration, Park served as arbitrator on the
capacity-building efforts around the world. ple editorial appointments at a variety of
Claims Resolution Tribunal for Dormant
Her book, Ethics in International Arbitration, academic journals. He was also the chair
Swiss Bank Accounts. The president of the
was published by Oxford University Press of the business and public policy group at
United States appointed Park to the panel of
in 2014. the University of California, Berkeley for five
arbitrators for the International Centre for
years, and, on leave from Berkeley, served as
Settlement of Investment Dispute. His books
Claudia T. Salomon special advisor to the director at the Bureau
include Arbitration of International Business
Partner, Latham & Watkins of Economics of the U.S. Federal Trade
Disputes, International Forum Selection,
Commission.
ICC Arbitration (with Craig and Paulsson), Salomon is a partner in the New York office
International Commercial Arbitration (with of Latham & Watkins and global co-chair of
Reisman, Craig and Paulsson) and Income Tax the firm’s international arbitration practice. Maya Steinitz 
Treaty Arbitration (with Tillinghast). She is recognized as a leading international Professor of Law and Bouma Family Fellow in
Law, University of Iowa College of Law 
arbitration attorney by Chambers USA,
Jonathan Putnam The Legal 500, Who’s Who Legal, Latinvex, Steinitz teaches civil procedure, international
Founder and Principal, Competition and Best Lawyers. business transactions, and international
Dynamics arbitration at the University of Iowa College
She has experience handling significant
of Law. In the Spring of 2018 she will teach
Putnam is an expert in intellectual property, investor treaty arbitration and international
a course on litigation and law firm finance
antitrust, and technological change. Putnam commercial arbitration cases under all of the
and the future of the legal profession as a
regularly testifies in large-scale intellec- major arbitral rules, in venues around the
visiting professor at Harvard Law School.
tual property litigation, in federal, state, globe, under common law and civil law. She
She has published extensively on litigation
and bankruptcy courts, before the Federal also regularly serves as an arbitrator.
finance and has served as a consultant and
Trade Commission and International Trade
Salomon is the U.S. member of the ICC expert witness on litigation finance and also
Commission, and in U.S. and international
International Court of Arbitration and serves as an international arbitrator. Prior
arbitrations.
serves as the co-chair of the ICC Taskforce to joining the University of Iowa College of
Law, Steinitz held a dual appointment as an Eduardo Zuleta
associate-in-law and lecturer at Columbia Founder, Zuleta Abogados; Vice President,
Law School (2009-2011). Before that, she ICC International Court of Arbitration
served as a litigator at Latham & Watkins,
Zuleta has acted as counsel, chair, co-arbitra-
LLP (2003-2009) and Flemming, Zulack
tor, and sole arbitrator in multiple arbitrations
& Williamson LLP (2001-2002). She also
under international rules including ICC, ICDR,
clerked for the Hon. E. Hayut, currently the
IACAC and UNCITRAL. He has been member
chief justice of the Israeli Supreme Court
of the ICSID panel (chairman´s list) and has
(1998-1999).
acted in investment arbitrations under ICSID,
UNCITRAL, and ICC and in annulment com-
Edna Sussman
mittees under ICSID.
Independent Arbitrator and Mediator;
Distinguished ADR Practitioner in Residence, Zuleta has a J.D. from El Rosario Law School
Fordham Law School in Colombia and has completed post grad-
uate studies and a specialization from the
Formerly a partner in the firm of White &
University of London, Queen Mary. He has
Case LLP, Sussman has extensive experience
written extensively on arbitration and was
having served as an arbitrator (as chair, sole,
recently appointed an adjunct professor at
or co-arbitrator) in over 200 cases and as a
Georgetown.
mediator in over 200 cases in a wide variety
of complex international and domestic
commercial disputes under many institu-
tional rules and ad hoc. She serves on many
institutional panels around the world.
Sussman serves as chair of the AAA-ICDR
Foundation, on the board of the American
Arbitration Association, as vice-chair of the
New York International Arbitration Center
and is the co-chair of the annual Fordham
International Arbitration Conference. She
served as the president of the College of
Commercial Arbitrators, as chair of the
Arbitration Committees of the ABA’s Dispute
Resolution and International Sections, chair
of the Dispute Resolution Section of the New
York State Bar Association, chair of the ADR
Committee of the Energy Bar Association and
chair of the New York City Bar Association
Energy Committee. Ranked annually for arbi-
tration and mediation by Chambers USA and
Chambers Global, Who’s Who, Best Lawyers
and SuperLawyers, Sussman has lectured
and published widely on arbitration and
mediation topics. www.sussmanadr.com
John M. Townsend
Partner and Co-Chair, Arbitration Practice,
Hughes Hubbard & Reed LLP, Washington, DC
Townsend’s practice focuses on international
disputes, including commercial and invest-
ment treaty arbitration; he is currently lead
counsel in five investment treaty arbitrations
against the Russian Federation involving
its treatment of Ukrainian investors after
its annexation of Crimea. Townsend is a
former chairman of the board of directors of
the American Arbitration Association and
currently chairs the AAA’s Law Committee.
president George W. Bush appointed him
to be one of the American members of the
panel of arbitrators of ICSID. He was the first
chair of the Mediation Committee of the
International Bar Association and is currently
a vice president of the Court of Arbitration
of the LCIA and a member of the College of
Commercial Arbitrators. Townsend received
a B.A. in history from Yale University in 1968
and a J.D. from Yale Law School in 1971.
AWARDS OF INTEREST IN INTERNATIONAL COMMERCIAL
ARBITRATION:
NEW YORK LAW AND PRACTICE
COMMITTEE ON INTERNATIONAL COMMERCIAL DISPUTES
June 21, 2017
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
42 West 44th Street, New York, NY 10036
212.382.6600 | www.nycbar.org
Interest on damages awarded by an arbitral tribunal can be a significant component of a
prevailing party’s total recovery in international commercial arbitration. Uncertainty exists,
however, with respect to the criteria that international arbitrators should apply in determining
pre-award and post-award interest. One question that arises in domestic and international
arbitrations governed by New York substantive law and seated in New York is whether the
prejudgment interest provisions contained in Sections 5001, 5002 and 5004 of the New York
Civil Practice Law and Rules (“N.Y.C.P.L.R.” or “C.P.L.R.”) apply to the determination of pre-
award or post-award interest. The answer to the question whether arbitrators are obligated to (or
should) apply New York’s nine percent statutory prejudgment interest rate can have a substantial
economic impact on the parties in an arbitration.
Part I of this report sets forth an executive summary.
Part II provides a discussion of the standards applicable to interest determinations in
international commercial arbitrations, with a focus on arbitrations that are both governed by New
York substantive law and seated in New York.1
Appendix A sets forth summaries of pre-award and post-award interest determinations of
arbitral tribunals in approximately 45 international commercial arbitrations governed by New
York substantive law.
Appendix B sets forth summaries of New York federal and state court decisions
reviewing arbitral awards of interest in post-award proceedings brought under Chapter 1 of the
Federal Arbitration Act, 9 U.S.C. §§ 1–16; the United Nations Convention on the Recognition

1 This report proposes a step-by-step approach that international arbitrators may apply to the determination
of interest in international commercial arbitrations generally, and not merely in international commercial arbitrations
governed by New York substantive law and seated in New York. This report does not address, however, the choice
of law issues that may arise when the arbitral law of the seat of arbitration may conflict on the question of interest
with the substantive law governing the dispute because no such conflict exists between New York arbitral law and
New York substantive law. The report addresses the law of the seat of arbitration principally as a factor that
arbitrators may wish to consider as one indication of party intent.
1