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Arbitration News Newsletter of the International Bar Association Legal Practice Division Arbitration News Newsletter of the International Bar Association Legal Practice Division VOL 14 NO 2 SEPTEMBER 2009 The IBA acknowledges the support of LexisNexis in the production of this newsletter. A conference presented by the IBA Arbitration Committee and the ICC International Court of Arbitration Arbitration in the 21st Century: Making it work 4–6 December 2009 New Delhi, India Topics include: • International commercial arbitration in the 21st century: basic concepts, instruments and techniques • Overview on international commercial arbitration in the 21st century: getting the best out of the process • Transnational issues: the role of the judiciary • Transnational issues: from theory to practice • Mediation: a technique for business diplomacy • Dispute boards: the ‘promised land’ for complex, multiparty, mid-long term contracts • Expertise: the versatile method Current topics including the tool box for the 21st century make this conference a must in arbitration lawyer’s diaries. Who should attend? Arbitrators, litigators, judges, government officials, and all those involved in alternative dispute resolution. For further information, please contact: International Bar Association 10th Floor, 1 Stephen Street London W1T 1AT United Kingdom Tel: +44 (0)20 7691 6868 Fax: +44 (0)20 7691 6544 E-mail: [email protected] Website: www.ibanet.org Newsletter Editor In this issue Lawrence Schaner Jenner & Block LLP 330 North Wabash From the Co-Chairs 4 Chicago, IL 60611 United States Editor’s note 8 Tel: +1 (312) 923 2689 Fax: +1 (312) 840 7689 French-Spanish Perspectives [email protected] on Arbitration Agreement Conference 9 Committee Officers 10 Printed in the United Kingdom IBA Annual Conference, by Hobbs the Printers Ltd Madrid 2009: Arbitration Totton, Hampshire Committee sessions 12 SO40 3WX www.hobbs.uk.com Country developments Austria 14 International Bar Association Brazil 15 10th Floor, 1 Stephen Street Canada 16 London W1T 1AT, United Kingdom Tel: +44 (0)20 7691 6868 China 18 Fax: +44 (0)20 7691 6564 www.ibanet.org Denmark 19 © International Bar Association 2009. France 21 All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, or stored in any retrieval system of any nature without the prior permission of the Germany 23 copyright holder. Application for permission should be made to the Head of Publications at the IBA address. Hong Kong 34 India 36 This newsletter is intended to provide general Indonesia 39 information regarding recent developments in international arbitration. The views expressed Israel 42 are not necessarily those of the International Bar Association. Mexico 44 Netherlands 46 Terms and Conditions for submission of articles 1. Articles for inclusion in the newsletter should be sent to the Newsletter Editor. Nigeria 48 2. The article must be the original work of the author, must not have been previously published, and must not currently be under consideration by another journal. If it contains material which is someone else’s copyright, the unrestricted permission Poland 51 of the copyright owner must be obtained and evidence of this submitted with the article and the material should be clearly identified and acknowledged within the text. The article shall not, to the best of the author’s knowledge, contain Russia 52 anything which is libellous, illegal, or infringes anyone’s copyright or other rights. 3. Copyright shall be assigned to the IBA and the IBA will have the exclusive right to first publication, both to reproduce and/or distribute an article (including South Africa 54 the abstract) ourselves throughout the world in printed, electronic or any other medium, and to authorise others (including Reproduction Rights Organisations Switzerland 55 such as the Copyright Licensing Agency and the Copyright Clearance Center) to do the same. Following first publication, such publishing rights shall be non- exclusive, except that publication in another journal will require permission from United Kingdom 61 and acknowledgment of the IBA. Such permission may be obtained from the Head of Publications at [email protected]. 4. The rights of the author will be respected, the name of the author will always be United States 65 clearly associated with the article and, except for necessary editorial changes, no substantial alteration to the article will be made without consulting the author. AIR RB T ATION NEWSLETTER SEPTEMBER 2009 3 FROM THE CO-CHAIRS Pierre Bienvenu Ogilvy Renault LLP, Transcending jurisdictional Montréal, Canada pbienvenu@ boundaries through global ogilvyrenault.com dialogue Guido Santiago Tawil M. & M Bomchil, Buenos Aires, s we approach the close of another Madrid Annual Conference sessions Argentina eventful year for our committee, Your committee has organised five sessions guido.tawil@bomchil. we wish to extend our gratitude to during the Annual Conference on dedicated com all of those individuals who have A topics in international arbitration. These contributed to the success of the Arbitration sessions are scheduled to take place Committee’s endeavours over the course of sequentially, in half-day blocks, over the this year and who have taken up the mantle of course of the conference week in order to new leadership over the coming year. permit those of you with a keen interest in Your committee Co-Chairs anticipate arbitration to maximise your exposure to a strong end to 2009 with several events and participation in these sessions. Among planned during the second half of 2009 by those themes our committee will take up are the Arbitration Committee in cooperation current issues in investment treaty arbitration, with other arbitral institutions and IBA the continued vitality of fast track arbitration Committees. In the spirit of supporting in resolving commercial disputes, the status cross-cultural and transjurisdictional of the IBA Guidelines on Conflicts of Interest, dialogue in the international arbitration important developments in arbitral practice, community, events have been organised on including the review of the IBA Rules on three continents, offering an opportunity the Taking of Evidence in International for local practitioners in these regions to Commercial Arbitration, and the New York participate in and contribute to the debate Convention workshop with updates and of issues of interest to the international country reports on the global implementation arbitration community. of the New York Convention. The IBA Annual Conference, taking place It is recalled in respect of this latter topic in Madrid, Spain from 4-9 October 2009, that the Subcommittee on the Recognition offers an excellent opportunity to gather and Enforcement of Arbitral Awards was and debate cross-cutting issues that are revived earlier this year under the leadership important both to arbitration practitioners of Andrew Foyle. The main function of and to our colleagues engaged in other this subcommittee will be to monitor the areas of dispute resolution and legal implementation and application of the New practice. Attendees of this event will be York Convention by national courts and treated not only to stimulating conversation legislatures. We are pleased to note that the and debate among their peers, but to subcommittee has now been constituted the delights of our host city, Madrid. For with the following members: Andre A C those of you arriving early, our hosts have Abbud, Dominique Brown-Berset, José organised a Welcome Party on Sunday Antonio Cainzos, K H Liz Chung, Eduardo evening at the Palacio del Negralejo, a Damião Gonçalves, Sumeet Kachwaha, historic building built on the ruins of a Marta Khomyak, Andrew de Lotbinière 17th century castle, where guests will enjoy McDougall, Reza Mohtashami, Dr Patricia delectable Spanish food and wine. Other Nacimiento, Sophie Nappert, Felipe Ossa, informal gatherings have been organised Phillipe Pinsolle, Ank Santens, Franz T during the Annual Conference by regional Schwarz and Benedetta Vannini. We wish fora, as well as a Young Lawyers’ reception Andrew and his team success in carrying out sponsored by the Madrid City Council on this important mandate. Thursday evening. We will close out the Your committee has also jointly organised Annual Conference and bid farewell to with other IBA committees and fora five Madrid at the historic Casino de Madrid. additional sessions which will address cross- 4 I NTERNATIONAL BAR ASSOCIATION LEGAL PRACTICE DIvISION FROM THE CO-CHAIRS cutting themes in arbitration, litigation and Other conferences commercial law. Two of these sessions will be On 25 August 2009, your committee hosted held on Monday 5 October, the inaugural day a conference in cooperation with the IBA of the Annual Conference. The first session, Latin American Regional Forum and the jointly organised with the Corporate Counsel ICC International Court of Arbitration in Forum will explore options for the resolution San Jose, Costa Rica, on arbitration in Latin of international commercial disputes, America, which has seen immense growth. including the drafting of dispute resolution Arbitration in this region provides a rich and clauses, under the able chairmanship of your complex landscape against which to examine committee Senior Vice-Chair, Judith Gill, the development of investor-state arbitration and Antonio Bravo. The second joint session, in the commercial and treaty contexts. Several presented by the Arbitration and Litigation panels were organised to address issues Committees, will focus on the issue of along
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