The Institute for Transnational Arbitration

The Institute for Transnational Arbitration A Division of The Center for American and International Law Printed by the Dedman School of Law at Southern Methodist University

Volume 25 Third Quarter 2011 Number 3

SOME ISSUES TO CONSIDER BEFORE YOUNG ARBITRATORS’ CORNER SIGNING AN AWARD Noelle C. Berryman Wilmer Cutler Pickering Hale and Dorr LLP, London Mont P. Hoyt and Aníbal Sabater Welcome to the inaugural “Young Ar- At a time in which in- bitrators’ Corner” (“YAC”). The YAC will ternational arbitration cas- aim to explore topics primarily of interest to es areThe growing Institute in number for Transnational Arbitrationthose in the early years of their arbitration and complexity, arbitrators careers. Here you may expect to find inter- should not lose sight of cer- A Division of The Center for American and Internationalviews, Law reports from conferences, discussions tain basic do’s and don’t’s. of how to succeed in law firm practice, and Without intending to pro- Noelle C. Berryman Printed by the useful tips of the trade. This first YAC will Mont P. Hoyt vide a comprehensive list, Aníbal Sabater Dedman School of Law at Southernfocus Methodist on the relative University benefits of the arbitration related extra- this article discusses significant issues that — in light of the curricular activities that abound. recent case law from around the world — arbitrators may need to consider before executing the award and dispatching Serving clients, meeting annual billable-hour require- it to the parties. Of course, in addition to addressing these ments, and the other obligations of law-firm life can be daunt- issues, there is no substitute for abiding by the applicable arbitration clauses, rules and laws, as well as the relevant guide- ing. Undeterred, you decide that this is the year you will carve lines issued by the institution that may be administering the out time for professional development. But your firm has cut proceedings (the ICC, for instance, provides a comprehensive its already slim budget for conference attendance and, shock- checklist aimed at facilitating the issuance of awards). ingly, no one has invited you to speak at the next Tylney Hall or to chair the ITA’s Young Arbitrators’ Initiative. What can Forms And Procedures For Signing The Award you do? What should you do?

1. Know the writing and signature formalities Attending Arbitration Conferences It is not infrequent for arbitration rules and the laws of the seat to contain provisions on how to address situations in which Arbitration conferences have proliferated in recent years. one or more arbitrators refuse to sign the award. The color, glossy brochures and email invitations are pretty See, e.g., Bursa Büyüksehir Belediyesi v Güris Insaat VE enticing. And your colleagues always seem to have just met Mühendislik AS, Supreme Court, December 5 2008, Nether- the crème of arbitration luminaries at the latest limited-entry lands Court Reports [NJ 2009,6]. This case involved a major- seminar. Are you missing out?

(See SIGNING AN AWARD on page 2) Benefits: Depending on the quality, attending an arbitration conference can be a valuable professional and educational experience. Some provide a rare and instructive glimpse into INSIDE THIS ISSUE… the views on procedural and legal interpretation of individu- 2011 Workshop, Forum, & Roundtable...... Page 3 als you might see on a future tribunal. Others provide valuable News from WAMR...... Page 7 substantive updates on commercial or investment arbitration Experts in the News...... Page 8-11 or particular types of disputes, such as oil and gas, intellectual property, or construction disputes. Conferences are also a Conferences in 2011-2012...... Page 12 verdant ground for meeting individuals whom you might find Scoreboard of Treaty Adherence...... Page 13 Mark Your Calendar...... Page 20 (See YOUNG ARBITRATORS’ CORNER on page 5) The Institute for Transnational Arbitration (ITA) is a division of The (SIGNING AN AWARD, cont’d from page 1) Center for American and International Law (formerly The Southwest- ern Legal Foundation), an international center for continuing education located in Plano, Texas, USA. ITA’s focus is education. It encourages ity award issued in The Netherlands after a co-arbitrator re- through practical education the resolution of transnational investment fused to sign it. Article 1057(3) of the Dutch Code of Civil and commercial disputes by arbitration. ITA is not an arbitration center. Procedure states: “If a minority of the arbitrators refuses to It does not administer or supervise arbitrations, nor does it act as an ap- sign, the other arbitrators shall make mention thereof beneath pointing authority of arbitrators. the award signed by them. This statement shall be signed by EXECUTIVE COMMITTEE OF THE ITA ADVISORY BOARD them.” The award at issue, even though signed by a major- Chair...... Lucy F. Reed ity of arbitrators, did not contain any statement regarding the Vice Chair...... Prof. Charles H. Brower, II third co-arbitrator’s failure to sign. Initially, the Hague District Vice Chair...... Jonathan C. Hamilton Vice Chair...... Joseph E. Neuhaus Court set aside the award for its failure to comply with Article Vice Chair...... R. Doak Bishop 1057(3). The Supreme Court affirmed the lower court’s rul- Vice Chair...... Bernard Hanotiau Vice Chair...... Abby Cohen Smutny ing, specifically holding that Article 1057(3) applies not only Member at Large...... Prof. Jack J. Coe, Jr. to domestic but also to international cases. Member at Large...... Aníbal Sabater Member at Large...... Prof. Peter Winship Past Chair...... The Hon. Charles N. Brower 2. Heed contractual limitations regarding the form of the Past Chair...... Prof. David D. Caron award Past Chair...... Donald Francis Donovan Past Chair...... Ewell E. Murphy, Jr. Arbitration remains a creature of contract, and occasion- Past Chair ...... Jeswald W. Salacuse ally the parties provide for requirements that run contrary to Chair, Academic Council...... Prof. Charles H. Brower, II standard international arbitration practice. Failure to observe Vice Chair, Academic Council...... Prof. Andrea K. Bjorklund Vice Chair, Academic Council...... Prof. Christopher Gibson these requirements may compromise the validity of the award. Chair, Americas Initiative...... Eduardo Zuleta See, e.g., Murcia Court of Appeal, Opinion no. 448/2009 Chair, Young Arbitrators Initiative...... Thomas W. Walsh Co-Chair, Strategic Planning Committee...... R. Doak Bishop dated October 8, 2009. Case No. 161/2008: M Óscar X and Co-Chair, Strategic Planning Committee...... Jonathan Hamilton Ms. Lourdes Y v. IA Los Caperos S.L., Núcleos Ganaderos S.L., Co-Chair, Strategic Planning Committee...... Joseph E. Neuhaus et. al. The Court of Murcia — in the Spanish southeast — an- Co-Chair, Membership Committee...... Jean E. Kalicki Co-Chair, Membership Committee...... Dietmar W. Prager nulled a majority award because the arbitration clause spe- Co-Chair, Membership Committee...... Cecilia Flores Rueda cifically provided that the award should be unanimously ren- Co-Chair, Networking Committee...... Kathleen Paisley Co-Chair, Programs Committee...... Wendy J. Miles dered by the arbitral panel. Co-Chair, Programs Committee...... Klaus Reichert Co-Chair, Winter Conference Development Committee...... Prof. Susan Franck 3. Know the post-award formalities Co-Chair, Winter Conference Development Committee...... Leah D. Harhay Chair, Sponsorships Review Task Force...... Aníbal Sabater In certain civil law jurisdictions, the applicable laws may Editor, News & Notes...... Stephen Wallace require that the award be registered with the appropriate General Editor, Board of Reporters/KluwerArbitration.com...... Prof. Roger P. Alford Managing Editor, Board of Reporters/KluwerArbitration.com...... Seem Maleh courts or authorities of the seat. In most cases it is the tribunal Co-Editor-in-Chief, World Arbitration and Mediation Review...... Prof. Charles H. Brower, II. that is expected to request and obtain this registration. Failing Co-Editor-in-Chief, World Arbitration and Mediation Review...... Prof. David D. Caron that, either party — the winning party interested in enforcing Co-Editor-in-Chief, World Arbitration and Mediation Review...... Abby Cohen Smutny Managing Editor, World Arbitration and Mediation Review...... Leah D. Harhay the award or the losing party interested in challenging it — 2012 ITA Workshop Co-Chair...... Prof. Tai-Heng Cheng may apply for and obtain registration. 2012 ITA Workshop Co-Chair...... Philippe Pinsolle 2012 ITA Workshop Co-Chair...... Jennifer M. Smith See, e.g., the Dutch Code of Civil Procedure. Under Arti- CAIL President...... Michael J. Marchand cle 1058(b) of the Code, the arbitral tribunal shall ensure that ITA Director...... David B. Winn “the original of the final or partial final award is deposited ITA Associate Director...... J. Alan B. Dunlop with the Registry of the District Court within whose district This newsletter is a quarterly publication of ITA. It is edited by Stephen the place of arbitration is located.” This deposit is important Wallace, Vice President & General Counsel, Westlake Chemical because, among other things, it triggers the time limit within Corporation, in Houston. which the parties may request that the award be set aside un- News and Notes is published for ITA by The Dedman School of Law at Southern Methodist University. der Article 1064 of the Dutch Code of Civil Procedure. Correspondence regarding the newsletter should be addressed to: Stephen Wallace, Vice President & General Counsel Substance of the Award Westlake Chemical Corporation 2801 Post Oak Blvd. • Houston, TX 77056 U.S.A. Phone: 713-585-2625 • Fax 713-629-6239 4. Address all significant issues and provisions E-mail: [email protected] Before finishing the award, the tribunal should identify all Subscription to this quarterly, News and Notes, is available to the public the relevant contractual and legal provisions of significance at an annual price of $30. for the case, analyze them, and determine whether they im- Correspondence regarding ITA should be addressed to the ITA Director, David B. Winn, at: The Center for American and International Law pact the case and if so how. Failure to do so may affect the 5201 Democracy Drive, Plano, Texas 75024 U.S.A. validity of the award. Phone: 972-244-3412 • Fax: 972-244-3401 • E-mail: [email protected] (See SIGNING AN AWARD on page 4) Page 2 THE 2011 WORKSHOP, FORUM, ITA Friday Morning Forum The following morning, more than 90 members of the Advi- ROUNDTABLE AND ITA sory Board, Academic Council, Board of Reporters and Work- ADVISORY BOARD EVENTS shop faculty participated in the annual ITA Forum, an open, informal discussion of current issues and continuing concerns Registrants and faculty from more than 36 countries and the among experienced practitioners from many countries. The first U.S. states assembled in Dallas on June 16, 2011 for the 22nd An- half of the Forum was moderated by Tom Sikora (El Paso Corpo- nual ITA Workshop. The Workshop was presented in the form ration, Houston) and Jennifer Smith (Baker Botts LLP, Houston). of mock performances, interspersed with expert commentaries The second half of the Forum was moderated by Klaus Reichert on international arbitration issues dramatically portrayed. The SC (Brick Court Chambers, Dublin) and Laura Robertson (Con- Workshop also featured a panel of leading in-house counsel pro- ocoPhillips, Houston). viding corporate perspectives on the arbitral process. The mock was presented in three acts, each addressing a different point in the planning and initial stages of an international commercial arbitration: assembling your case and evidence (Act I); presenting your case at the merits hearing (Act II); and presenting your testimonial evidence (Act III). The Workshop was organized and co-chaired by Michael Goldberg (Baker Botts L.L.P., Houston), Wendy Miles (WilmerHale London), and Prof. Guido S. Tawil (M. & M. Bomchil and University of Buenos Aires, Buenos Aires). The Jennifer Smith and Tom Sikora, Klaus Reichert SC and Laura corporate perspectives panel following the mock arbitration was Co-Moderators (first half of Friday Robertson, Co-Moderators (second moderated by Alan R. Crain, Jr. (Baker Hughes Inc., Houston) who Morning Forum) half of Friday Morning Forum) was joined by panelists Dennis J. Grindinger (Hunt Oil Co., Dallas), th Javier Rubinstein (PricewaterhouseCoopers International, Ltd., New 6 Annual Dallas Roundtable As has become our custom, the sixth annual Dallas Round- York), and Eric Liebeler (Siemens AG, Munich). table was held on the evening before the Workshop. This year, the Roundtable, presented by ITA, the ICC Young Arbitrators Fo- rum, ICDR Young & International and the LCIA Young Interna- tional Arbitration Group, was open to all Workshop participants, international arbitration practitioners from any discipline and of any age or experience level. The Roundtable included two panels of young and not-so-young international arbitration counsel and concluded with a networking reception. The first panel ex- plored issues concerning written submissions, moderated by Ceci- 2011 Co-Chair 2011 Co-Chair 2011 Co-Chair Prof. Luncheon Speaker lia Flores Rueda (Santamarina y Steta, Mexico City), Marti Cherry Michael Goldberg Wendy Miles Guido S. Tawil Toby Landau (Fulbright & Jaworski L.L.P., Houston), Baiju Vasani and Thomas W. Walsh (Sullivan & Cromwell LLP, New York). The second pan- The luncheon address was presented by Toby Landau (Essex el, moderated by Victoria Shannon (ICC International Court of Court Chambers, London) on “Advocacy in International Arbi- Arbitration) along with Noelle Berryman (Wilmer Hale, London) tration.” Transcripts of the Workshop performance will be pub- and James H. Boykin (Hughes, Hubbard & Reed LLP, Washington, lished in early 2011 in ITA’s law journal, World Arbitration and D.C.), addressed the presentation of oral evidence. Mediation Review. The journal is free to ITA members and oth- erwise available through Juris Publishing. The live program will be developed into an educational DVD under the guidance of Prof. Gibson, vice chair of ITA’s Academic Council.

ITA Advisory Board Reception and Dinner Meeting Following the Workshop, more than 120 members of the Advi- sory Board, the faculty and their guests reconvened in the evening for the annual Advisory Board reception and dinner. The event took place at the “Circle R Ranch,” an authentic ranch amidst acres of Panelists Noelle Berryman, James H. Boykin green rolling hills and open pasture in the North Texas countryside. and Roundtable moderator Victoria Shannon.

Roundtable panelists Thomas Walsh, Baiju Vasani, and Marti Cherry. David Winn, Guido Tawil, Wendy Miles, Michael Goldberg, and Lucy Reed. Moderator was Cecilia Flores Rueda (not shown). Page 3 (SIGNING AN AWARD, cont’d from page 2)

See, e.g., Malaysian Historical Salvors, SDN, BHD v. Malay- is unclear or silent on this issue, the arbitrators should take sia, ICSID Case No. ARB/05/10, 16 April 2009. The Ad hoc some time to explain why they have decided to issue the Committee annulled the award, inter alia, because “it altogether award in any given currency. Under the New York Conven- failed to take account of and apply the Agreement between Ma- tion, enforcement may be denied if the arbitrators have ex- laysia and the United Kingdom defining ‘investment’ in broad ceeded their mandate by awarding more than, or something and encompassing terms but rather limited itself to its analysis different from, what the parties agreed to. of criteria which it found to bear upon the interpretation of Ar- See, e.g., Lesotho Highlands Development Agency v Impre- ticle 25(1) of the ICSID Convention . . . .” Para. 80. gilo SpA [2003] EWCA Civ. 1159. The UK High Court of Justice, Commercial Court, concluded that at the tribunal did 5. Check the reasoning of the award not have “the power to make an award in currencies other The award should rule on the disputed facts and the appli- than those stipulated for in the contract” and that the tribunal cable law, as well as apply as necessary the relevant law to the purported to “exercise a discretion which they wrongly be- facts. In certain civil law jurisdictions in particular, an award lieved was conferred on them . . . .” The award was remitted may be treated as unreasoned not only if it fails to state the to the arbitrators for reconsideration. grounds on which it is based, but also if the grounds provided in it are undeveloped or fragmentary. Other Potentially Significant Issues See, e.g., Nannini v. SFT Bank, Hoge Raad der Nederland [HR] / Supreme Court of the Netherlands, Jan. 9 2004, NJ 2005. 8. Identify the award properly Article 1065(1)(d) of the Dutch Civil Code allows for the an- An award should be clear regarding whether it is partial nulment of awards. Prior to Nannini Article 1065(1)(d) had or not, interim or final. The arbitrators should be aware that, been widely understood to mean that an arbitral award would irrespective of the way in which they characterize their ruling only be set aside if, in fact, it contained “no reasons at all.” (Mar- — e.g., by calling it an order — it may still be considered as nix Leijten and Bommel Van der Bend, A Guide to the NAI Ar- an award by the administering institution, the parties, and the bitration Rules 289 (2009). This view, however, was challenged relevant jurisdictions. in 2004, when the Supreme Court in Naninni v. SFT upheld a See, e.g., Braspetro Oil Services v. The Management and Im- set-aside action on the grounds that the arbitral award did not plementation Authority of the Great Man-Made River Project, provide “convincing reasoning” for its decision. The Supreme Paris Cour d’Appel 1/7/99, reproduced in XXIVa YBCA 297-8 Court has since backed away from the position. (1999). The Paris Court of Appeal concluded that “the qualification of [a decision as an] award does not depend on the 6. Pay attention to potential ambiguities terms used by the arbitrators …. This reasoned decision – by An award should not be ambiguous or leave doubts as to which the arbitrators considered the contradictory theories of the rulings of the arbitrators. the parties … and solved, in a final manner, the dispute … and See, e.g., Bakery, Confectionery and Tobacco Workers Local thereby ending the dispute submitted to them – appears to be Union Number 362 v. Brown and Williamson Tobacco Corpo- an exercise of its jurisdictional power .… [N]otwithstanding ration, 971 F.2d 652, 655 (11th Cir. 1992). “The district court its qualification as an ‘order’ … the decision … is thus indeed determined the language of the award was ambiguous because an award.” Note also that once a final award is issued a tribu- both parties offered ‘incongruous, yet plausible,’ interpreta- nal is typically functus officio, and precluded from altering or tions of the arbitrator’s award. We hold the district court did reversing the award, subject to limited common law exceptions. not err in remanding the decision for clarification of the am- See, e.g., Green v. Ameritech Corp., 200 F.3d 967 (6th Cir. 2000). biguous language in the award.” Areas particularly susceptible to ambiguity in awards The late Mont P. Hoyt was an ITA Advisory Board Mem- include interest calculation — and whether and if so how ber and an international lawyer with decades of experience as it should be compounded — and the tribunal’s position re- an arbitrator. ITA Advisory Board and Executive Committee garding claims and allegations not expressly addressed in the Member Aníbal Sabater is a partner specializing in interna- award. It is usually a good technique to indicate at the end of tional arbitration at Fulbright & Jaworski L.L.P. The opinions the award that all claims, defenses, counterclaims, and allega- expressed in this article are the authors’ and do not necessarily tions not expressly granted are dismissed. represent those of their firms or clients. The authors are grateful for the assistance they received from Paul J. Neufeld, an associate 7. Determine the applicable currency attorney at Fulbright & Jaworski L.L.P., in the preparation of If the contract or the applicable law clearly establishes the this piece. currency in which the award must be made, arbitrators should follow these indications. If the contract or the applicable law

Page 4 (YOUNG ARBITRATORS’ CORNER, cont’d from page 1) yourself proposing to a client as arbitrators, referring work, or Worth your time? There is a substantial time commit- find sitting across the table at an upcoming hearing. ment and cost, ranging from one day to several weeks of instruction and from US$500 to upwards of US$6000, in addi- Worth your time? And, particularly in this case, your tion to travel expenses. Depending on the quality and breadth firm’s money? Conference fees can run to the thousands, in of work you are getting in your practice, you might already be addition to the opportunity cost relative to other work. But do getting the experience, feedback, and instruction that these not let the cost of some conferences deter you. Seminars can programs hope to simulate. However, it may be worthwhile to be one to three hour long affairs with a networking element, hone your advocacy skills in a workshop to prepare for the in- or they can last three days or more; some are free and others creasingly rare opportunities in the professional environment. have soaring fees; some are local and others require expensive travel. Many state bar associations have international arbitra- Writing, Writing, Writing tion committees that host excellent free talks on recent developments in arbitration right in your city. Writing opportunities abound. In addition to academic articles for scholarly international arbitration journals and Unsure of which conference to attend? Try to identify the law school reviews, local and international bar associations professional objectives for your attendance and avoid focus- have publications that seek shorter, practice-based submis- ing on whether it is in a sunny location or is famous for its sions. You could draft a practice update to your firm’s clients late-night parties. Ask a trusted mentor’s opinion. Perhaps on a salient point of law, a recent decision, or an arbitration target conferences that align with a particular niche area in award, or assist with a partner’s arbitration treatise. If you which you are interested. have an idea and you invest in writing a quality piece, chances are good that you will find a place to publish it. Attending Arbitration Skills Workshops Benefits: More than anything else, lawyers write. There A number of organizations offer skills training for inter- is no substitute for good, old-fashioned practice when it national arbitration practitioners in a learning-by-doing in- comes to improving one’s writing. Writing as an advocate to struction format, rather than a passive, speaker-audience persuade an arbitration tribunal is different from writing an model, such as the following organizations: academic article or a legal research memorandum. Practice writing for different audiences will refine your writing skills • Institute for Transnational Arbitration (ITA) demon- and the required research will improve your investigative strates oral advocacy problems in practical settings at its skills – or management skills (if directing others’ research). annual and regional workshops; Co-authoring an article with a leader in the field (who, quite • Foundation for International Arbitration Advocacy handily, happens to be a partner in your firm) is a wonderful (FIAA) offers programs dedicated to specific advocacy way to earn her respect – and can lead to invitations to speak training techniques; at or submit papers for conferences.

• PIDA offers mock arbitration training programmes Worth your time? Almost always. If you have no ideas for through the ICC; a prescient topic, seek the advice of a mentor. In a busy law • Swiss Arbitration Academy, Cologne Arbitration Acad- practice, inevitably, someone will have an idea on which they emy, and V. Düsseldorf International Arbitration School simply have not had the time to follow up. offer weeks-long intensive arbitration training courses; and Lecturing at a University or Law School • National Institute for Trial Advocacy (NITA) and Keble Some of our colleagues teach courses as visiting lecturers; College, Oxford offer trial-specific courses and oral advo- others are full adjunct professors. cacy techniques for American and British practitioners, respectively. Benefits: Teaching requires one to learn a subject in as- tonishing breadth and depth and develop ease with oral pre- Benefits: These often intense instructional programs re- sentations, which is likely to make you a better, more well- ceive very positive reviews from participants and employ the informed lawyer. There is nothing quite like being put on the highest caliber experienced educators. If you are prepared to spot by a question from a very bright student in front of a work hard and pay attention, you will certainly improve your (See YOUNG ARBITRATORS’ CORNER on page 6) skills.

Page 5 (YOUNG ARBITRATORS’ CORNER, cont’d from page 5) class of 30 to make one be on her game! It may also help you the other co-chairs, there can be a lot of travel – and time away understand foundational concepts in a way that research for from home. and written advocacy of arguments chosen by the exigencies of a case might not. Also, it can be a very rewarding break Participating in Moot Activities from the office. Some of our colleagues coach moot teams. Others read Worth your time? This really depends on (1) personal and mark pre-moot memorials or judge rounds (such as those interest and (2) your firm’s support. It can be very time-con- for the Willem C. Vis Moots in Vienna and Hong Kong, the suming. You can expect to spend three hours outside of class Philip C. Jessup International Law Moot in Washington, D.C., preparing for every hour spent in class – in addition to doz- and the Foreign Direct Investment International Arbitration ens of hours preparing the syllabus. Some truly believe that Moot in London). teaching can be foundational in making one a better, more valuable lawyer to the firm and marks those truly dedicated Benefits: You are giving back to the community in a man- to the law. Others take the more jaundiced view that teaching ner similar to teaching, without the semester-long commit- does not directly develop clientele or improve client service. It ment. You rub elbows with colleagues in the same profession is not right for everyone, but it can be immensely rewarding. and meet the next generation of arbitrators. Also, there is a strong networking element: the social aspects of the Vis Moot Serving in Arbitration Organizations in Vienna have become the stuff of legend, for example.

Many arbitration institutions have groups for younger Worth your time? Your interest and your firm’s support practitioners: the ICC’s Young Arbitrators’ Forum; the LCIA’s are key to making this determination. With the more limited Young International Arbitration Group; the ICDR’s Young & time commitment, there are fewer barriers to participation International; and the Deutsche Institution für Schiedsgerichts- than teaching or chairing an organization. Marking memori- barkeit’s DIS-40. Also, many independent associations exist, als can be a good learning experience for younger arbitration such as the ITA’s Young Arbitrators Initiative, ASA Below 40, lawyers who seldom edit others’ work. And judging rounds Young ICCA, and a number of regional young lawyers groups. and the accompanied networking can be a lot of fun, can help Chairs of these organizations often are responsible for orga- you to meet others in the arbitration community, and can help nizing the fascinating discussion panels, conferences, and you review some key foundational points of arbitration. networking and social events that we all would like to attend. These are just a few of the opportunities available to de- Benefits: Co-chairs of these organizations are often velop contacts and keep on the cutting edge of international looked upon by their colleagues as the anointed few. Indeed, arbitration. There is no single right answer as to which you it is an honor to lead these organizations. Of the many bene- should choose. It depends on personality, the flexibility of fits, I am told that the greatest are the contacts made and rela- your work day, and, usually, what you can convince your em- tionships built over time. Organizers of arbitration events are ployer to support. But it is worthwhile to step outside of the likely to get to know the speakers for the event, who are often billable-hour box and get involved. The experience bright- experienced arbitrators. Worried that you are being passed ens and enriches not only your career, but the community in over? Consider starting your own organization. Depending which you practice and live. on where you practice, there may be a room for another young arbitrators’ group of which you could be the founding chair! Noelle C. Berryman is counsel in the London office of Wilm- er Cutler Pickering Hale and Dorr LLP. She may be reached at Worth your time? If you are invited to co-chair an orga- [email protected]. nization and you are able to manage it alongside your other commitments, yes. The effort can be very rewarding, earn you the respect of your colleagues, and can build on itself, leading to other opportunities. However, the amount of time and effort involved in taking the helm of these organizations is substantial. In addition to the regular teleconferences with

Page 6 NEWS FROM WORLD ARBITRATION & MEDIATION REVIEW (WAMR)

World Arbitration & Mediation Review, a publication Nontas Triantafilou (Assistant Managing of the ITA, reports: Editor) is Legal Counsel at the Permanent Court of Arbitration in The Hague, The New staff members / Assistant Editors: Netherlands. Previously he practiced international arbitration with White & Case Kate Apostolova (Assistant Editor) is an LLP and served as Legal Assistant to the associate at Cleary Gottlieb Steen & Hamil- Hon. Charles N. Brower, Arbitrator, 20 Es- Nontas Triantafilou ton, New York. Her practice focuses on in- sex St. Chambers. Nontas holds BA and ternational arbitration and litigation. Ms. MA degrees in Politics from Brandeis University and a JD Apostolova received a J.D. degree in 2010 from The University of Chicago. from the University of California, Berke- Kate Apostolova ley School of Law, where she was Editor- Rafael T. Boza (Associate Managing Edi- in-Chief of the Berkeley Journal of International Law and tor) is an attorney with Adair & Myers in a Research Assistant for Professor David D. Caron. Her Houston. Mr. Boza holds LL.B. (Peru), J.D. publications include “The Relationship between the Alien (U.S.), and LL.M. (Belgium) degrees and Tort Statute and the Torture Victim Protection Act,” Berke- is authorized to practice law in Peru and ley Journal of International Law, 2010 and “International Texas. He was legal counsel at an interna- Arbitration in Eastern Europe: Comparative Study of Rafael T. Boza tional bank in Chile and in Peru’s Office of UNCITRAL Model Law, Latvian and Slovakian Arbitration the Minister of Foreign Trade and Tour- Laws,” Institute of Slavic East European, and Eurasian Studies, ism. Mr. Boza’s practice focuses on commercial litigation, 2010. Ms. Apostolova’s native language is Bulgarian. including alternative dispute resolution, arbitration and mediation, as well as transactional and international busi- Charles (“Chip”) B. Rosenberg (As- ness law. sistant Editor) is the International Ar- bitration Law Clerk to The Honor- Sylvia Tonova (Executive Editor) is an at- able Charles N. Brower, based in The torney in the Washington, D.C. office of Hague, The Netherlands. Previously, White & Case, LLP. Her practice focuses Mr. Rosenberg practiced international on the representation of sovereign States trade law at Hogan Lovells in Washing- and private clients in investment treaty ton, D.C. He graduated first in his class, Charles B. Rosenberg and commercial arbitration matters. Ms. summa cum laude from the American University Washington College of Law. Mr. Rosenberg Tonova has experience under the ICSID, Sylvia Tonova and his wife, Sydney, have a two-year old son, Harrison. ICC, Vienna International Arbitral Cen- tre, and UNCITRAL arbitration rules. She also assists in New positions for current staff: structuring foreign investments to benefit from the protection of investment treaties. Prior to joining White & Case, M. Anderson Berry (Editor, WAMR on Ms. Tonova conducted research on the development of the Web) is an attorney with Jones Day small and medium-sized enterprises at the United Nations in San Francisco. He focuses on complex Economic Commission for Europe in Geneva, Switzerland. civil litigation and international arbitration. He is currently occupied with a BIT arbitration and multiple parallel domestic M. Anderson Berry and international proceedings involving a South American state and a multinational oil company. Mr. Berry received his J.D. from the Univer- sity of California, Berkeley School of Law, where he was a Research Assistant for Professor David D. Caron.

Page 7 TRANSNATIONAL ARBITRATION EXPERTS… IN THE NEWS

Sustaining Member Wilmer Cutler Picker- Sponsoring Member Legge, Farrow, Kimmitt, ing Hale and Dorr has added Wendy J. Miles McGrath & Brown, L.L.P. has added Glenn R. (London) as a representative to the Advisory Legge (Houston) as a representative to the Board. Advisory Board.

Wendy J. Miles New Supporting Member Foley Hoag LLP has Glenn R. Legge New Associate Members are Alexandra added Janis H. Brennan (Washington, DC), Mark A. Clodfel- Andreeva (LLC MOL-Russ, Moscow), Giugi Carminati ter (Washington, DC) and Ronald E.M. Goodman (Wash- (Weil Gotshal & Manges, LLP, Houston), Paulo Rogério ington, DC) as representatives to the Advisory Board. Brandão Couto (Machado, Meyer, Sendacz e Opice Advoga- dos, Rio de Janeiro), Robert J.C. Deane (Borden Ladner Ger- vais LLP, Vancouver), Andrés Jana L. (Bofill Mir & Álvarez Jana, Santiago), Andy Lenny (Arthur Cox, Dublin), Stanley P. Sklar (DePaul University, School of Law, Chicago), and Edna Sussman (SussmanADR LLC, Scarsdale).

Janis H. Brennan Mark A. Clodfelter Ronald E.M. Goodman

New Supporting Member Pinheiro Neto Ad- vogados has added Gilberto Giusti (São Pau- lo) as a representative to the Advisory Board.

Giugi Carminati Robert J.C. Deane Andrés Jana L.

Gilberto Giusti New Sponsoring Member Conway & Partners N.V. has added Thabiso van den Bosch (Rotterdam) as a representative to the Advisory Board.

Thabiso van den Bosch Andy Lenny Stanley P. Sklar Edna Sussman

New Sponsoring Member Cogan & Partners LLP has added John P. Cogan, Jr. (Houston) New Arbitral Institutions Member Stockholm as a representative to the Advisory Board. Chamber of Commerce (SCC) has added Linn Bergman (Stockholm) as a representative to the Advisory Board. John P. Cogan, Jr.

New Sponsoring Member Linn Bergman PEREZ-LLORCA has added David Arias (Ma- drid) as a representative to the Advisory Board. Omar M.H. Aljazy of Aljazy & Co., Am- man, ITA’s Reporter for Jordan, was appointed David Arias by the Prime Minister of Jordan to the Na- New Sponsoring Member Dias Carneiro Ad- tional Dialogue Committee with the mandate vogados has added Valeria Galíndez (São Pau- of drafting the Elections Law, Political Parties lo) as a representative to the Advisory Board. Law and proposing constitutional amend- ments. Also, he was appointed as a board Omar M.H. Aljazy member of the Military Credit Fund which is Valeria Galíndez considered as the Armed Forces Bank. Finally, his law firm in association with SADER Legal Publishing has established SADER for Legal Publishing – Jordan. Page 8 TRANSNATIONAL ARBITRATION EXPERTS… IN THE NEWS

Academic Council member José E. Alvarez, Advisory Board member Santiago Dellepiane of Herbert and Rose Rubin Professor of Interna- Compass Lexecon, New York, has recent co- tional Law at New York University School of authored “Using an Event Study Method to Law, writes that 2011 has been a banner year Compute Damages in International Arbitra- for his scholarship on the rules governing inter- tion Cases,” The Journal of International Arbi- national investment. In September, the United tration, vol. 8, no. 4. Santiago Dellepiane José E. Alvarez Nations posted his lecture, “An Introduction to the Evolving International Investment Regime,” on its online audiovisual library. And earlier this year, he published two Academic Council member William S. Dodge, books on the topic: The Evolving International Investment a professor at the University of California, Regime: Expectations, Realities, Options, which he co-edited, Hastings College of the Law, has been appoint- and The Public International Law Regime Governing Inter- ed Counselor on International Law to the Le- national Investment, a compilation of lectures he delivered at gal Adviser at the U.S. Department of State. the Hague Academy of International Law. William S. Dodge

ITA Advisory Board member Prof. Dr. Karl- ITA Associate Member Lauro Gama has been Heinz Böckstiegel of Bergish-Gladbach, Ger- invited by the Curatorium of the Hague Acad- many, reports that a “Karl-Heinz Böckstiegel emy of International Law to give a special Lecture” series has just been started and the course in the Academy’s private international first was held on September 9th with a wide at- law summer program in 2016. tendance from participants from all over the Lauro Gama world. The first lectures were given by the Karl-Heinz Böckstiegel heads of the ICSID and ICC arbitration institutions, Meg Advisory Board member Dr. Leonardo Kinnear and John Beechey. Giacchino of Solutions Economics, LLC, has co-authored a book with Dr. Jonathan Lesser The Hon. Charles N. Brower of 20 Essex Street entitled “Principles of Utility Corporate Fi- Chambers, London, a former chair of the Ex- nance” published by Public Utilities Reports, ecutive Committee of ITA’s Advisory Board, re- Inc. (PUR). Additionally, he has collaborated ports that American Lawyer’s biennial (in odd in the revision of the “Public Utilities Re- Leonardo Giacchino years) “Focus Europe” Summer Supplement ports Guide: The Standard Educational Tool has found him to be in 2011, as it had in its for Training Utility Employees” also by PUR. Finally, he has Charles N. Brower next previous issue in 2009, no. 1 in its listing committed to a second edition of his book “Fundamentals of of “Ten Top Arbitrators.” Scoring is on the ba- Energy Regulation,” forthcoming in 2012. sis of the number of cases in which an arbitrator is serving during the period covered that (1) involve US$500 million or Advisory Board member Bernard Hanotiau, above, in the case of commercial cases, or (2) at least US$100 also ITA’s Reporter for Belgium, writes that his million, in the case of treaty-based investment dispute arbi- firm, ITA Sponsoring Member Hanotiau & van trations. Mr. Brower’s count in both the 2009 survey and the den Berg of Brussels, celebrated in September 2011 survey was 25 qualifying cases. the 10th anniversary of its founding. Viewed by many as the first arbitration boutique law firm, Alfredo De Jesús O., ITA’s Reporter for Ven- Bernard Hanotiau it currently has 17 lawyers — four partners and ezuela, has been designated Member of the Re- 13 associates— who undertake a variety of in- view Committee of the IACL – International ternational disputes work. Arbitration Case Law, an academic project, in partnership with the School of International Arbitration of the Queen Mary University of London, that aims at disseminating important Alfredo De Jesús O. decisions relevant to legal practitioners and scholars in the field of international arbitration and dispute (See EXPERTS IN THE NEWS on page 10) resolution. Page 9 TRANSNATIONAL ARBITRATION EXPERTS… IN THE NEWS

(EXPERTS IN THE NEWS, cont’d from page 9)

Executive Committee member Leah D. Harhay Advisory Board member Michael D. Nolan joined Jones Day as of counsel in San Fran- of ITA Sponsoring Member Milbank, Tweed, cisco. Ms. Harhay serves in Jones Day’s inter- Hadley & McCloy LLP, Washington, D.C., has national litigation and arbitration practice, been appointed as General Counsel of the In- expanding the firm’s international litigation tellectual Property Owners Association. He has and arbitration services in North America and recently co-authored Reports of Overseas Pri- building on its experience and reputation in Leah D. Harhay vate Investment Corporation Determinations Michael D. Nolan Europe and Asia. In private practice, Leah (Oxford Unversity Press: 2011). served as legal secretariat to several tribunals and participated in numerous expert opinions in investor-state arbitrations Advisory Board member Piotr Nowaczyk throughout the world. Leah is also the managing editor of of Salans, Warsaw, was recently ranked by ITA’s World Arbitration & Mediation Review and co-chair of Forbes as no. 4 in the joint category of “court the ITA Winter Forum Development Committee. Her new litigation and arbitration in Poland.” Mr. contact information is this: 555 California Street, 26th Floor, Nowaczyk was once again announced a win- San Francisco, California 94104, tel. 415.626.3939, lharhay@ ner of ILO Client Choice Awards 2011 by jonesday.com. Piotr Nowaczyk becoming the exclusive winner in the field of arbitration in Poland of the ILO Client Advisory Board member Melinda Jayson of Choice Awards for the second year in a row. Melinda G. Jayson, P.C., Dallas, has been appointed Specialty Track Chair for the Four- Advisory Board member Dimitris teenth Spring Conference of the American Papavasiliou, Athens, writes that for a Bar Association’s Dispute Resolution Section, second year his firm Papavasiliou D. & to be held April 18-21, 2012, in Washington, Associates has been chosen by Global Law Melinda Jayson DC. Experts, as well as this time also by the In- ternational Law Referral, as the winner of Richard Kreindler, partner at ITA Support- the year 2011 Greek Gaming Law Firm of Dimitris Papavasiliou ing Member Shearman & Sterling in Frankfurt the Year Award. and Professor at the University of Münster, also ITA’s Reporter for Germany, has been selected to deliver lectures in the Private International Steffen Pihlblad, one of ITA’s Reporters for Law portion of the 2012 Hague Academy of Denmark, writes that since 2006 he has been International Law, Summer Program. His lec- Richard Kreindler the managing director of the Danish Institute tures will address the scope of competence in of Arbitration. the face of illegality in contracts and arbitration agreements and they will subsequently be published in expanded written Steffen Pihlblad form in the Hague Academy’s Recueil de Cours. ITA Advisory Board and Executive Commit- Advisory Board member David T. Lopez of tee member Aníbal Sabater of ITA Sustaining Houston, an ICDR panelist, is the principal Member Fulbright & Jaworski LLP, Houston, author of a chapter on international arbitra- has been named one of the 45 worldwide lead- tion to be published in an Arbitration Hand- ing international arbitration lawyers under the book by the American Bar Association. The age of 45 by Global Arbitration Review. The handbook is a project of the Alternative Dis- 2011 GAR Guide, 45 under 45, is a peer-re- Aníbal Sabater David T. Lopez pute Resolution Committee of the ABA Sec- viewed guide that considers about 150 pro- tion on Litigation. files before narrowing the field down to 45 individuals.

Page 10 TRANSNATIONAL ARBITRATION EXPERTS… IN THE NEWS

Jeswald W. Salacuse, Henry J. Baker Professor Adoption by All Nations?” in the International Lawyer and of Law at the Fletcher School of Law and Di- “All’s Fair in Love and War — Or Is It? The Call for Ethical plomacy, Tufts University, and past chairman Standards for Counsel in International Arbitration” in Trans- of the ITA Advisory Board Executive Commit- national Dispute Management (TDM). tee, was appointed by Robert Zoellick, Presi- dent of the World Bank and ex-officio Chair- Chinedum Umeche of Banwo & Ighodalo, La- Jeswald Salacuse man of the International Centre for Settlement gos, ITA’s reporter for Nigeria, has published: of Investment Disputes (ICSID), to a six-year Duty of Nigerian Court to Enforce Arbitration term as member of the ICSID Panel of Conciliators until Agreements, YIAG e-News, Summer 2011, pp. 2017. Salacuse is one of ten panel members, each of whom 25 – 27; (co-authored) Service of A Company must have a different nationality, that the ICSID Chairman is by Substituted Means-A Review of the Supreme authorized to appoint under the ICSID Convention. Chinedum Umeche Court’s Decision in Kalu Mark & Anr. v. Gabriel Eke, The Appellate Review, (Lagos), 2011, vol. 2 Academic Council member Professor S.I. no. 1, pp. 35 – 48; and (co-authored) Between Use and Abuse: Strong of the University of Missouri has re- An Examination of the Efficacy of Interim and Interlocutory cently published From Class to Collective: The Injunctions in Nigeria, Commonwealth Law Bulletin, (Lon- De-Americanization of Class Arbitration, 26 don), 2011, vol. 37, issue 2, pp. 241 -254. Arb. Int’l 493 (2010), which has been cited in a jurisdictional decision rendered in the ground- Jacomijn J. van Haersolte-van Hof of The breaking ICSID arbitration Abaclat (formerly Prof. S.I. (Stacie) Strong Hague, ITA’s Reporter for The Netherlands, Beccara) v. Argentine Republic, which involves has been appointed as a member of the Ad- 60,000 Italian claimants. Over the summer Prof. Strong com- visory Board of the Netherlands Arbitration pleted a research fellowship at the Lauterpacht Centre for In- Institute. ternational Law at the University of Cambridge in England Jacomijn J. van and made presentations to the Deutsche-Amerikanische Haersolte-van Hof Juristen-Vereinigung (German-American Lawyers Associa- tion) at the Universities of Passau and Frankfurt in Germa- Stephan Wilske, ITA’s Reporter for Turkey, ny. In September, she travelled to Colombia to speak at the reports the following publications: “Seals, Congreso Internacional de Derecho Procesal and teach at the Stamps, and Signatures in International Ar- Universidad de Medellín. Her upcoming article, Internation- bitration Agreements,” Contemporary Asia al Arbitration and the Republic of Colombia: Commercial, Arbitration Journal, vol. 4, no. 1 (May 2011), Comparative and Constitutional Concerns From a U.S. Per- pp. 37-55 (co-author); “Corruption in Inter- spective, will be published in volume 22 of the Duke Journal Stephan Wilske national Arbitration and Problems with Stan- of Comparative & International Law later this fall. dard of Proof: Baseless Allegations or Prima Facie Evidence,?” in: Kröll/Mistelis/Perales Viscasillas/Rogers Advisory Board member Edna Sussman, the (eds.), Liber Amicorum Eric Bergsten – International Arbi- Distinguished ADR Practitioner in Residence tration and International Commercial Law: Synergy, Con- at Fordham Law School, was recently added to vergence and Evolution, Kluwer Law International, 2011, pp. the arbitration panels of the Hong Kong Inter- 489-505 (co-author); and “Why South Africa Should Update national Arbitration Centre and the Associa- Its International Arbitration Legislation — An Appeal From tion Suisse de l’Arbitrage. She continues her The International Arbitration Community For Legal Reform Edna Sussman service as co-chair of the Arbitration Commit- In South Africa,” Journal of International Arbitration, vol. 28, tee of the American Bar Association’s Section no. 1 (February 2011), pp. 1-13 (co-author). Also, Dr. Wilske of International Law and was appointed to the executive com- gave a presentation at the 2011 Taipei International Arbitra- mittee of the New York Chapter of the Chartered Institute of tion & Mediation Conference on “Protection of Taiwanese In- Arbitrators. Ms. Sussman recently published “A Multilateral vestors by Third Party Bilateral Investment Treaties? — Ways, Energy Sector Investment Treaty: Is it Time For a Call For Means and Limits of Treaty Shopping.”

Page 11 CONFERENCES IN 2011-12

The Institute of World Business Law of the Interna- tional Chamber of Commerce will sponsor the fol- UPCOMING lowing event: ITA EVENTS IN 2012 November 6-8, Miami New ICC Rules of Arbitration A 1st ITA Winter Roundtable on the For information, contact the ICC, tel. +33 1 49 53 29 Fundamentals of International Arbitration 34, fax +33 1 49 53 29 42, e-mail [email protected], February 2, 2012 The Stanford Court Renaissance San Francisco Hotel or visit the organization’s Web site at www.iccwbo.org. San Francisco, California

______1st Annual ITA Winter Forum February 2-3, 2012 The London Court of International Arbitration The Stanford Court Renaissance San Francisco Hotel (“LCIA”) will conduct the following programs: San Francisco, California

9th ITA-ASIL Conference: October 29-30, Dubai Arbitration in Times of Crisis Symposium on Int’l Commercial Arbitration March 28, 2012 The Fairmont Hotel • Washington, D.C. November 30, Mexico City Young Int’l Arbitration Group Training Seminar 5th Americas Roundtable on the Fundamentals of International Arbitration: December 2, Mexico City Building Skills in International Arbitration — Do’s and Don’ts Latin American & Caribbean Users’ Council April 25, 2012 and North American Users’ Council Symposium Hotel TBA • Santiago, Chile

March 8, Stockholm 8th Annual Americas Workshop: Young Int’l Arbitration Group Symposium The Merits Hearing: Getting the Message to the Tribunal March 10, Stockholm April 25-27, 2012 Hotel TBA • Santiago, Chile European Users’ Council Symposium 7th Annual ITA Dallas Roundtable LCIA Conference Web site: http://www.lcia-arbitra- June 20, 2012 tion.com/sympconf/sympconf.htm. The LCIA may Westin Galleria Hotel • Dallas, Texas also be contacted at [email protected], or by fax at +44 20 7936 7008. 23rd Annual ITA Workshop: Deliberations, Award and Enforcement June 21, 2012 Westin Galleria Hotel • Dallas, Texas

The ITA Dallas Forum (For members of the ITA Advisory Board, Academic Council, Board of Reporters, WAMR Board of Editors, Workshop & Roundtable Faculty) June 22, 2012 Westin Galleria Hotel • Dallas, Texas Page 12 ANSNA TR TI R O O N F A L

E The Institute for Transnational Arbitration T A R U B T

I I

R A Division of THE CENTER FOR AMERICAN AND INTERNATIONAL LAW

T I

E O

H N

(formerly The Southwestern Legal Foundation) •www.cailaw.org/ita

SCOREBOARD OF ADHERENCE TO TRANSNATIONAL ARBITRATION TREATIES (as of October 3, 2011)

Abbreviations: Changes from previous issue: NY = United Nations Convention on the Recognition and Enforcement of Foreign NY = Liechtenstein ratified on July 7, 2011. Arbitral Awards (commonly, 1958 New York Convention) Entry into force on October 5, 2011. ICSID = Convention on the Settlement of Investment Disputes (1965) ICSID = None. MIGA = None. MIGA= Convention Establishing the Multilateral Investment Guarantee Agency (1985) IA = None. IA = Inter-American Convention on International Commercial Arbitration USBIT = None. (commonly, Panama Convention of 1975) OPIC = None. USBIT = United States Bilateral Investment Treaty OPIC = Agreements supporting programs of the Overseas Private Investment Corp. Symbols: S: Signed, but not ratified A: Subscribed, but not R: Ratified, acceded or succeeded signed, ratified or paid (*): Capital-exporting country under MIGA N/A: Not applicable

NATION NY1 ICSID2 MIGA3 IA USBIT4 OPIC5 Afghanistan R R R R Albania R R R R R Algeria R R R R Angola R R Antigua and Barbuda R R R Argentina R R R R R R Armenia R R R R R Australia R R R* Austria R R R* Azerbaijan R R R R R Bahamas R R R R Bahrain R R R R R Bangladesh R R R R R Barbados R R R R Belarus R R R S Belgium R R R* Belize S R R Benin R R R R Bhutan Bolivia 6 R R R R R Bosnia and Herzegovina 7 R R R R R Botswana R R R R Brazil R R R R Brunei Darussalam R R Bulgaria R R R R R Burkina Faso R R R R Burundi R R R Cambodia R R R R Cameroon R R R R R Canada R S R* Cape Verde R R R Central African Republic R R R R Chad R R R Chile R R R R R China (People’s Republic) 8 R R R Colombia R R R R R Comoros R R Congo R R R R Page 13 NATION NY1 ICSID2 MIGA3 IA USBIT4 OPIC5 Congo (Democratic Republic of) R R R R Cook Islands R R Costa Rica R R R R R Côte d’Ivoire R R R R Croatia 7 R R R R R Cuba R Cyprus R R R R Czech Republic R R R* R R Denmark 9 R R R* Djibouti R R R Dominica R R R Dominican Republic R S R R R Ecuador R R R R R Egypt R R R R R El Salvador R R R R S R Equatorial Guinea R R Eritrea R R Estonia R R R R R Ethiopia S R R Fiji R R R R Finland R R R* France 10 R R R* Gabon R R R R Gambia R R R Georgia R R R R R Germany R R R* Ghana R R R R Greece R R R* R Grenada R R R R Guatemala R R R R R Guinea R R R R Guinea-Bissau S R R Guyana R R R Haiti R R R S R Holy See (Vatican City) R Honduras R R R R R R Hungary R R R R Iceland R R R* India R R R Indonesia R R R R Iran R R Iraq R R Ireland R R R* R Israel R R R R Italy R R R* Jamaica R R R R R Japan R R R* Jordan R R R R R Kazakhstan R R R R R Kenya R R R R Kiribati R Korea (North) Korea (Republic) (South) R R R R Kosovo R R R Kuwait R R R R Kyrgyzstan R S R R R Page 14 Lao People’s Democratic Republic R R R NATION NY1 ICSID2 MIGA3 IA USBIT4 OPIC5 Latvia R R R R R Lebanon R R R R Lesotho R R R R Liberia R R R R Libyan Arab Jamahiriya R Liechtenstein R Lithuania R R R R R Luxembourg R R R* Macedonia, Former Yugoslav Republic of 7 R R R R Madagascar R R R R Malawi R R R Malaysia R R R R Maldives R R Mali R R R R Malta R R R R Marshall Islands R R Mauritania R R R R Mauritius R R R R Mexico R R R R Micronesia R R R Moldova R R R R R Monaco R Mongolia R R R R R Montenegro R R R Morocco R R R R R Mozambique R R R R R Myanmar (Burma) Namibia S R R Nauru Nepal R R R R Netherlands 11 R R R* New Zealand 12 R R A Nicaragua R R R R S R Niger R R S R Nigeria R R R R Norway R R R* Oman R R R R Pakistan R R R R Palau R R Panama R R R R R R Papua New Guinea R R R Paraguay R R R R R Peru R R R R R Philippines R R R R Poland R R R R Portugal R R R* R Qatar R R R Romania R R R R R Russian Federation R S R S R Rwanda A R R S R Saint Kitts and Nevis R R R Saint Lucia R R R St. Vincent and the Grenadines R R R R Samoa R R R San Marino R Sao Tome and Principe S S R Saudi Arabia R R R Page 15 NATION NY1 ICSID2 MIGA3 IA USBIT4 OPIC5 Senegal R R R R R Serbia 7 R R R R Seychelles R R Sierra Leone R R R Singapore R R R R Slovakia R R R R R Slovenia 7 R R * R Solomon Islands R R Somalia R R South Africa R R R Spain R R R* Sri Lanka R R R R R Sudan R R Suriname R R Swaziland R R R Sweden R R R* Switzerland R R R* Syrian Arab Republic R R R Taiwan R Tajikistan R R Tanzania R R R R Thailand R S R R Timor Leste R R R Togo R R R Tonga R R Trinidad and Tobago R R R R R Tunisia R R R R R Turkey R R R R R Turkmenistan R R R Tuvalu Uganda R R R R Ukraine R R R R R United Arab Emirates R R R United Kingdom 13 R R R* United States of America 14 R R R* R N/A N/A Uruguay R R R R R R Uzbekistan R R R S R Vanuatu R Venezuela R R R R Vietnam R R R West Bank and Gaza 15 R Yemen R R R Zambia R R R R Zimbabwe R R R R

Notes: (1) Extends to metropolitan and overseas constituent territorial subdivisions but not to overseas successor states. OPIC programs are available in the four separated states. (8) NY and MIGA: includes dependent territories. Consult UN or ITA for definitive status. Under Art. I(3), 60 states have entered Hong Kong Special Administrative Region. (See Note 12). (9) NY: includes Faeroe Islands and Green- a “reciprocity reservation” (including 8 that will apply it to non-contracting states as well) and 37 states land. (10) NY: includes, inter alia, French Guiana, French Polynesia, Guadeloupe, Martinique, Mayotte, have entered a “commercial reservation”. (2) Extends to metropolitan and overseas constituent ter- New Caledonia, Réunion, and St. Pierre and Miquelon. OPIC programs available in French Guiana. (11) ritorial subdivisions and to overseas dependent territories unless specifically excluded. (3) Extends to NY: includes Aruba and Netherlands Antilles. OPIC programs are available in Aruba and Netherlands metropolitan and overseas constituent territorial subdivisions and to overseas dependent territories. Antilles. (12) ICSID: excludes Cook Islands, Niue and Tokelau. (13) NY: includes Bermuda, Cayman (4) Chapter Eleven of the North American Free Trade Agreement (NAFTA) covers U.S. investment Islands, Gibraltar, Guernsey, and Isle of Man. ICSID: excludes British Indian Ocean Territory, Pitcairn in Canada and Mexico. (5) Countries where OPIC programs are generally available will be listed as Islands, British Antarctic Territory and Sovereign Base Areas of Cyprus. ICSID: continues to include Hong ratified. At times, statutory and policy constraints, such as Congressionally required certifications on Kong Special Administrative Region. OPIC programs available in Northern Ireland, Anguilla and Turks labor practices, may limit the availability of OPIC programs in various countries. Under agreements and Caicos. (14) NY: includes, inter alia, American Samoa, Guam, Northern Mariana Islands, Puerto with certain countries, the host government may be required to approve OPIC assistance for a project. Rico and U.S. Virgin Islands. (15) West Bank and Gaza are not recognized as states by the United States. (See also Notes 6, 9, 10, 11 and 12). (6) The Government of the Republic of Bolivia signed the ICSID Convention on May 3, 1991 and deposited its instrument of ratification on June 23, 1995. The Conven- SOURCES: tion entered into force for Bolivia on July 23, 1995. On May 2, 2007, the depositary received a written This issue was compiled by Editor Seem Maleh of the Institute for Transnational Arbitration, and Kathleen notice of Bolivia’s denunciation of the Convention. In accordance with Article 71 of the Convention, the Amanda Zugsay (SMU intern) based on the following sources: United Nations; ICSID; MIGA; Organiza- denunciation took effect six months after the receipt of Bolivia’s notice, i.e., on November 3, 2007. (7) As tion of American States; OPIC; and the Office of the United States Trade Representative. The Scoreboard of 4 February 2003, The Federal Republic of Yugoslavia has changed its name to “Serbia and Montenegro.” is designed to be a convenient reference, but is not intended to be relied on as legal advice. Please consult Montenegro declared itself independent from Serbia on June 3, 2006. Bosnia & Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, and Slovenia are separated successor states to parts of the the sources directly to confirm the status of any particular ratifications, reservations, changes, special former Yugoslavia and have succeeded to the NY. MIGA, ratified by the former Yugoslavia, is considered conditions or new developments. Copyright 2011, The Center for American and International Law (formerly The Southwestern Legal Foundation). Page 16 by MIGA as ratified by Serbia & Montenegro and by the aforementioned four separated MEMBERS OF ITA

Sustaining Baker Botts L.L.P. El Paso Corp. Robert J.C. Deane Academic/ ConocoPhillips Fasken Martineau Dumoulin LLP Richard Deutsch Government/ Debevoise & Plimpton LLP Fernando Eduardo Serec Daniel D. Droog Fraser Milner Casgrain LLP Wayne I. Fagan Non-Profit/ ExxonMobil Corporation Markham Ball Gardere Wynne Sewell LLP Richard D. Faulkner Freshfields Bruckhaus Deringer LLP Ronald J. Bettauer Gibson, Dunn & Crutcher, LLP John D. Fognani Fulbright & Jaworski LLP Andrea K. Bjorklund Gómez-Acebo & Pombo Salvador Fonseca King & Spalding LLP Lorraine M. Brennan Gómez-Pinzón Zuleta William A. Gage, Jr. Skadden, Arps, Slate, Meagher & Flom LLP Eduardo Ferrero Gonzalez De Castilla Abogados, S.C. Lauro Gama, Jr. Vinson & Elkins Robert B. Matthews Greenberg Traurig, LLP (Dallas) Marc J. Goldstein White & Case LLP Luis Manuel C. Mejan Carrer Hanotiau & van den Berg David Guerra Bonifacio Wilmer Cutler Pickering Hale & Dorr LLP Margaret L. Moses Hughes Hubbard & Reed Calvin A. Hamilton Dr. S.I. (Stacie) Strong JAMS, Inc. Deborah G. Hankinson Supporting Stanley P. Sklar Akin Gump Strauss Hauer & Feld LLP Jenner & Block LLP Paul B. Hannon Louise Ellen Teitz Alvarez & Marsal Klein & Franco Laura Hardin University of Missouri School of Law Arnold & Porter LLP Law Office of John Burritt McArthur Toni D. Hennike Beirne, Maynard & Parsons, L.L.P. Legge, Farrow, Kimmitt, McGrath & Brown, L.L.P. Howard M. Holtzmann Arbitral Institutions Chevron Corp. Lenz & Staehelin James M. Hosking Arbitration Center of the American Chamber of Coats, Rose, Yale, Ryman & Lee, P.C. Lévy Kaufmann-Kohler J. Martin Hunter Commerce of Peru (AmCham Perú) Compass Lexecon Loperena, Lerch & Martin Del Campo Stephen Jagusch Arbitration Centre of the American Chamber of Covington & Burling LLP Marval O’Farrell & Mairal Andrés Jana L. Commerce of Brazil (Amcham Brasil) Crowell & Moring LLP Milbank, Tweed, Hadley & McCloy Melinda Jayson Arbitration Centre of the Caracas Chamber of Dechert LLP Navigant Consulting, Inc. John Judge Commerce (CACC) DLA Piper US LLP O’Melveny & Myers LLP Mark A. Kantor Brazil-Canada Chamber of Commerce (BCCC) Foley Hoag LLP Patton Boggs LLP Vimal Kotecha Center for Conciliation and Arbitration of Greenberg Traurig, LLP (Miami) Pedro J. Martinez-Fraga Bryan Leach Panama, Chamber of Commerce, Industry and Hogan Lovells US LLP Perez Bustamante & Ponce Andy Lenny Agriculture of Panama (CeCAP) Lalive PEREZ-LLORCA Barry Leon Center of the National Chamber of Commerce of Locke Lord LLP Pillsbury Winthrop Shaw Pittman LLP David M. Lindsey Mexico City (CANACO) Mayer Brown LLP Python & Peter David T. Lopez Centro de Arbitraje de México (CAM) Pinheiro Neto Advogados Quevedo Abogados Montserrat Manzano E. Centro de Arbitraje y Mediación de la Cámara de Proskauer Rose Shipley Snell Montgomery Tim Martin Comercio de Santiago (CAM Santiago) SAI Law & Economics Simmons & Simmons Henry S. May, Jr. Commercial Arbitration and Conciliation Centre at Santamarina y Steta Solutions Economics LLC Robert W. Mockler the Bogota Chamber of Commerce (CCB) Shearman & Sterling LLP Squire, Sanders & Dempsey (Cleveland) Alexis Mourre Conciliation and Arbitration Center (Camara Sullivan & Cromwell LLP Stout Risius Ross, Inc. Piotr Nowaczyk de Comercio de Costa Rica) Thompson & Knight LLP Studio Legale Bisconti Suzanne Nusbaum ICC Dispute Resolution Services UHY Advisors FLVS, Inc. TozziniFreire Advogados Eileen O’Neill Inter-American Commercial Arbitration Ware, Jackson, Lee & Chambers, L.L.P. Wiley Rein LLP Seyilayo A. Ojo Commission (IACAC) Kathleen Paisley International Center for Conciliation Arbitration Sponsoring Associate Dimitris Papavasiliou of the Costa Rican- American Chamber of Advokat John Kadelburger AB José María Abascal José Emilio Nunes Pinto Commerce (AMCHAM) AELEX Linda A. Ahee David W. Plant International Centre for Dispute Resolution (ICDR) Allen & Overy LLP William A. Alexander James E. Redmond Stockholm Chamber of Commerce (SCC) Arent Fox PLLC Steven K. Andersen Klaus Reichert Astigarraga Davis Alexandra V. Andreeva Steven H. Reisberg Azar, Ortega & Gomez Ruano S.C. Jose Banegas Kenneth B. Reisenfeld B. Cremades & Asociados Stacey L. Barnes William W. Russell Baker Hughes Inc. C. Dennis Barrow, Jr. Robert L. Shannon, Jr. Barrera, Siqueiros Y Torres Landa John B. Beckworth Ben H. Sheppard, Jr. Barretto Ferreira, Kujawski, Brancher E Gonçalves Maureen Beyers Robert H. Smit Bennett Jones LLP Jonathan W. Biddle Allison J. Snyder Beretta Godoy Pierre Bienvenu Edna Sussman Black & Veatch Michael Bond Stephen Valentine Brown&Page Michael Buhler Victoria A. Valentine Burnet Duckworth & Palmer Giugi Carminati Jeffrey D. Vallis Cardenas & Cardenas Abogados Ricardo A. Cevallos Marc Veit Clifford Chance John Allen Chalk, Sr. Karam Chand Vohrah CMS Hasche Sigle Jeffrey Chambers, III Dr. Georg von Segesser CMS Von Erlach Henrici Michael Collins, Q.C. Richard E. (Rory) Walck Cogan & Partners LLP Leonardo Correa Arnoldo Wald Conway & Partners N.V. Paulo Rogério Brandão Couto Tomasz Wardyński Conyers Dill & Pearman John R. Crook Todd Weiler Cravath, Swaine & Moore LLP Platt W. Davis, III Carolyn Witthoft Diamond McCarthy, LLP Andrew de Lotbinière McDougall Randel Young Dias Carneiro Advogados Rodrigo Zamora

Page 17 THE INSTITUTE FOR TRANSNATIONAL ARBITRATION

Advisory Board José María Abascal Tom Cunningham John Judge Kathleen Paisley Stephen Valentine Dr. Manuel A. Abdala Platt W. Davis, III Brent C. Kaczmarek Dimitris Papavasiliou Victoria A. Valentine William B. Abington Emilio Gonzalez De Castilla John M. Kadelburger David Paris Jeffrey D. Vallis Olufunke Adekoya Alexandre de Gramont Jean E. Kalicki Roberto Pasqualin Thabiso van den Bosch Roberto Aguirre Luzi Andrew de Lotbinière McDougall Mark A. Kantor Paolo Michele Patocchi Marc Veit Linda A. Ahee Robert J.C. Deane William M. Katz Jose M. Perez Arteta Ana Vermal Dr. Max H. Albers Fernando Del Castillo Elorza Allan Kaye Trueba John V.H. Pierce Charles Verrill Kenneth E. Aldous Santiago Dellepiane Ed G. Kehoe Kimberly D. Pilcher Karam Chand Vohrah Jay Alexander Andrew B. Derman Rachael D. Kent Philippe Pinsolle Zoila Rosa Volio William A. Alexander Richard Deutsch Thomas S. Kilbane David W. Plant Dr. Georg von Segesser Prof. Roger P. Alford Paolo Di Rosa Michael Kitzen David Pluchinsky Richard E. (Rory) Walck Arif Ali Donald Donovan Elie Kleiman Michael Polkinghorne Arnoldo Wald Henri Alvarez Jason E. Doughty Guillermo Klein Fernando Pombo Stephen Wallace Catherine M. Amirfar Daniel D. Droog William H. Knull, III Dietmar W. Prager Joseph T. Walsh Steven K. Andersen Diana Droulers Vimal Kotecha Andrew P. Price Gibson Walton Alexandra V. Andreeva Philip Dunham Lea Haber Kuck Jennifer Price Tomasz Wardyński David Arias J. Alan B. Dunlop Carolyn B. Lamm Hugo Quevedo Todd Weiler Jose I. Astigarraga Phillip Dye Clyde W. Lea Yanett Quiroz Valdovinos Sandra Weisbrod John B. Attanasio Jeffrey Elkinson Bryan Leach Nigel K. Rawding William G. Whitehill Luis Alberto Aziz Checa Alejandro A. Escobar Ilhyung Lee James E. Redmond Anne Marie Whitesell C. Mark Baker Wayne I. Fagan Glenn R. Legge Lucy F. Reed Justin Williams Markham Ball Richard D. Faulkner Randall Lemer Klaus Reichert Wayne R. Wilson Casey Ballard Eduardo Ferrero Mike P. Lennon, Jr. Steven H. Reisberg David B. Winn Jose Banegas Steven Finizio Andy Lenny Kenneth B. Reisenfeld Peter Winship Stacey L. Barnes Kenneth Fleuriet Barry Leon Mark R. Robeck Carolyn Witthoft C. Dennis Barrow, Jr. Cecilia Flores Rueda Richard C. Levin Ann Ryan Robertson Randel Young Tom Bayko John D. Fognani Dr. Laurent Levy Laura M. Robertson Peter Yuen Charles A. Beach Salvador Fonseca David M. Lindsey Jose Rosell Rodrigo Zamora John B. Beckworth Laurie E. Foster Guy Lipe Michael R. Ross Eduardo Zuleta Julie Bedard Paul D. Friedland Jim Loftis Roger Rubio Guerrero Alberto Zuleta-Londoño Martin D. Beirne Mark W. Friedman Carlos Loperena William W. Russell Dr. Pieter H.F. Bekker Frederick A. Frost Carlos Lopez Aníbal Sabater Linn Bergman Stephanie Fuller David T. Lopez Jeswald W. Salacuse Academic Council Rafael Bernal Gutiérrez Patrick Gaas Edward J. Lynch Claudia T. Salomon Roger P. Alford Liliana Sánchez Ronald J. Bettauer William A. Gage, Jr. Fernando Mantilla-Serrano José Enrique Alvarez Ank Santens Maureen Beyers Valeria Galíndez Montserrat Manzano E. Frédéric Bachand Lauro Gama, Jr. Mike Marchand Jeffrey W. Sarles Jonathan W. Biddle George Bermann Pierre Bienvenu John L. Gardiner Tim Martin Paul C. Saunders Andrea K. Bjorklund Dr. Giuseppe Bisconti Barry H. Garfinkel Luis M. Martinez Lawrence S. Schaner Gary Born R. Doak Bishop Leonardo R. Giacchino Pedro J. Martinez-Fraga Marco Schnabl Andrea K. Bjorklund Judith Gill Robert B. Matthews Steven Schneebaum Charles H. Brower, II Nigel Blackaby Teresa Giovannini Dr. Anton G. Maurer Michael E. Schneider, Esq. The Hon. Thomas Buergenthal Suzana M. Blades Gilberto Giusti Henry S. May, Jr. Franz Schwarz David D. Caron Karl-Heinz Böckstiegel Federico Godoy John Burritt McArthur James J. Sentner, Jr. Tai-Heng Cheng Michael J. Bond Michael S. Goldberg James D. McCarthy Kiran Sequeira Jack J. Coe, Jr. Stephen R. Bond Marc J. Goldstein Veronica Valentine McNally Fernando Eduardo Serec John R. Crook John P. Bowman Daniel E. González Mark S. McNeill Robert L. Shannon, Jr. William Dodge Janis H. Brennan Jorge A. Gonzalez Otu E. Medo Audley Sheppard Christopher R. Drahozal Lorraine Brennan Katherine González Arrocha Luis Manuel C. Mejan Carrer Ben H. Sheppard, Jr. Susan Franck Prof. Charles H. Brower, II Ronald E.M. Goodman Andrew Melsheimer Peter J.W. Sherwin David A. Gantz The Hon. Charles N. Brower Mark E. Grantham Andrea J. Menaker George T. Shipley Christopher Gibson Dominique Brown-Berset Dean Graves Charles B. Meyer Laurence Shore John Y. Gotanda The Hon. Thomas Buergenthal Richard J. Graving Carl Micarelli Tom J. Sikora Horacio A. Grigera Naón Dr. Michael Buhler David Guerra Bonifacio Craig S. Miles Eugene J. Silva, II Andrew T. Guzman Henry G. Burnett Pierre-Yves Gunter Wendy J. Miles Eduardo Silva Romero J. Martin Hunter Eduardo Siqueiros Michael Burnett Hugh E. Hackney Robert W. Mockler Abba Kolo José Luis Siqueiros Mark A. Calhoun David R. Haigh Reza Mohtashami Stefan Kröll Calvin A. Hamilton Alberto Molinario Stanley P. Sklar Giugi Carminati Abul (Munir) Maniruzzaman David D. Caron Jonathan C. Hamilton Allen B. Moore William K. Slate, II Loukas Mistelis Derrick B. Carson Deborah G. Hankinson Simon Morgan Robert H. Smit Margaret L. Moses Greg J. Casas Paul B. Hannon The Hon. Joseph W. Morris Jennifer Smith Carolina Castellanos López Bernard Hanotiau Michael J. Moser Reginald R. Smith Andrew Newcombe James E. Castello John L. Hardiman Margaret L. Moses Abby Cohen Smutny William W. (Rusty) Park Ricardo A. Cevallos Laura Hardin Rene J. Mouledoux Allison J. Synder Alan Scott Rau John Allen Chalk, Sr. Leah D. Harhay Alexis Mourre Pablo T. Spiller Catherine A. Rogers Jeffrey Chambers, III David E. Harrell, Jr. Edward J. Murphy Thomas Sprange Peter “Bo” Rutledge Maria Chedid Karin Helmlinger Ewell E. Murphy, Jr. Michael Stepek David L. Sandborg Richard Chernick Toni D. Hennike Mark Nadeau Karl Stern Ingeborg Schwenzer Mark A. Clodfelter Richard Hill Giovanni Ettore Nanni Margrete Stevens Ben H. Sheppard, Jr. William Coats Howard M. Holtzmann Timothy G. Nelson Frederico J. Straube S.I. (Stacie) Strong Prof. Jack J. Coe, Jr. James M. Hosking Joseph E. Neuhaus Dr. S.I. (Stacie) Strong Guido Tawil John P. Cogan, Jr. David Howell Michael D. Nolan Harry W. Sullivan, Jr. Leon Trakman Lynn R. Coleman J. Martin Hunter Piotr Nowaczyk Edna Sussman Albert Jan van den Berg Michael Collins, Q.C. Anthony Ijohor José Emilio Nunes Pinto Jonathan Sutcliffe Perry E. Wallace Tom E. Cook Don Jackson, III Suzanne Nusbaum Christopher K. Tahbaz Todd Weiler Wade Coriell Michael E. Jaffe Xavier Nyssen James E. Tancula Peter Winship Leonardo Correa Stephen Jagusch Robert C. O’Brien Gordon Tarnowsky Paulo Rogério Brandão Couto Charles A. James Kevin M. O’Gorman Ruth Teitelbaum Alan Crain Andrés Jana L. Eileen O’Neill Louise Ellen Teitz Bernardo M. Cremades Melinda Jayson John L. Oberdorfer Jennifer Thornton John R. Crook O. Thomas Johnson, Jr. Lucia Ojeda John Trenor Kelli C. Jones Seyilayo A. Ojo Tim Triplett Page 18 Robert W. Jordan Elsa Ortega Timothy J. Tyler ARE YOU A MEMBER OF THE INSTITUTE FOR TRANSNATIONAL ARBITRATION?

The Institute for Transnational Arbitration (ITA) provides advanced, continuing education for lawyers, judges and other professionals concerned with transnational arbitration of commercial and investment disputes. Through its programs, scholarly publications and membership activities, ITA has become an important global forum on contemporary issues in the field of transnational arbitration. The Institute’s record of educational achievements has been aided by the support of many of the world’s leading com- panies, lawyers and arbitration professionals. Membership in the Institute for Transnational Arbitration is available to corpora- tions, law firms, professional and educational organizations, government agencies and individuals. WHY BECOME A MEMBER? Membership dues are more than compensated both financially and professionally by the benefits of membership. Depending on the level of membership, ITA members may designate multiple representatives on the Institute’s Advisory Board, each of whom is invited to attend, without charge, the annual ITA Workshop, the annual ITA Advisory Board Dinner Meeting later that evening and the ITA Forum (the following morning) - an informal, invitation-only roundtable discussion on current issues in the field. Advisory Board Members also receive a substantial discount off the price of all other ITA programs, all ITA educational DVD products, and selected publications of Juris Publishing and Oxford University Press, as well as a free subscription to ITA’s quarterly newsletter, News and Notes, and a free subscription to ITA’s law journal, World Arbitration and Mediation Review. Your membership and participation support the activities of one of the world’s leading forums on international arbitration today. PROGRAMS AND PUBLICATIONS The primary public program of the Institute is its annual one-day ITA Workshop, presented each year in June in Dallas, which cus- tomarily combines mock scenes with expert commentaries performed and presented by leading arbitrators and arbitration practitioners from around the world to illuminate procedures and issues commonly encountered in international commercial arbitration. Other annual programs include the Dallas Roundtable for young international arbitrators, held annually on the eve of the ITA Workshop in Dallas, the ITA Americas Workshop and Americas Roundtable, held at different venues in Latin America and the ITA- ASIL Spring Conference, held in Washington, D.C. For a complete calendar of ITA programs, please visit our website at www.cailaw. org/ita. The Institute for Transnational Arbitration publishes its acclaimed Scoreboard of Adherence to Transnational Arbitration Treaties, a comprehensive, regularly-updated report on the status of every country’s adherence to the primary international arbitration treaties, in ITA’s quarterly journal/newsletter, News and Notes. All ITA members also receive a free subscription to ITA’s newest publication, World Arbitration and Mediation Review, a law journal edited by ITA’s Board of Editors and published in four issues per year. ITA’s educational DVDs and books are produced through its Academic Council to aid professors, students and practitioners of international arbitration. Since 2002, ITA has co-sponsored KluwerArbitration.com, the most comprehensive, up-to-date portal for international arbitration resources on the Internet, in which current developments around the world are reported monthly by ITA’s Board of Reporters. Please join us. For more information, visit ITA online at www.cailaw.org/ita.

I wish to join the Institute for Transnational Arbitration in the following category: ☐ Associate Membership - $650 ☐ Supporting Membership* - $2,500 ☐ Sponsoring Membership - $1,000 ☐ Sustaining Membership* - $5,000 ☐ Academic / Government / Non-Profit * Supporting Members may appoint 3 Advisory Board Representatives and Membership - $395 Sustaining Members may appoint 6 or more Advisory Board Representatives. ** Arbitral Institutions memberships available to select Arbitral Institutions ☐ Arbitral Institutions - $0 ** with significant international caseloads.

Member name (law firm, corporation, organization, individual)______Address ______City / State / Postal Code / Country ______Telephone ______Fax ______Email______Name of person to serve on Advisory Board* ______(Please make a copy of this page if you will be designating more than one Advisory Board Representative)

Please make check payable to The Center for American and International Law. To join ITA using a credit card, please enroll online at www.cailaw.org/ita/join or fax this application +1.972.244.3401 or call +1.972.244.3400.

Page 19 INSTITUTE FOR TRANSNATIONAL ARBITRATION Mark Your Calendar 2012 ITA EVENTS

1st Annual ITA Winter Forum February 2-3, 2012 ~ The Stanford Court Renaissance San Francisco Hotel ~ San Francisco, California The 1st ITA Winter Forum will be held on February 2-3, 2012 in San Francisco under the leadership of Prof. Susan Franck (Washington & Lee University Law School, Lexington, Virginia) and Leah D. Harhay (Of Counsel, Jones Day, San Francisco, California, and Managing Editor, World Arbitration & Mediation Review). Designed to draw together practitioners and scholars for intellectual dialogue and practical insights in international arbitration, the Winter Forum will feature presentation and discussion of scholarly works-in-progress, an ITA Forum for candid dialogue on important developments in the field, a luncheon presentation byProf. George A. Bermann (Columbia Law School, New York, and Chief Reporter, ALI Restatement (Third) of the U.S. Law of International Commercial Arbitration) and a variety of social networking opportunities. On the evening before the Forum, the 1st ITA Winter Roundtable on the Fundamentals of International Arbitration will be presented by the ITA Young Arbitrators Initiative, the ICDR Young & International, the LCIA Young International Arbitration Group and the International Practice Section of the Barristers Club of the San Francisco Bar Association.

9th Annual ITA-ASIL Conference: Arbitration in Times of Crisis March 28, 2012 ~ The Fairmont Hotel ~ Washington, D.C. The 9th Annual ITA-ASIL Conference will be held on March 28, 2012 in Washington, D.C. under the leadership of co-chairs Prof. John R. Crook (George Washington University Law School, Washington, D.C.) and Prof. Andrew Newcombe (University of Victoria Law School, Victoria, British Columbia). Looking back with the perspective of ten years, this conference will debate whether the Argentine Crisis of 2001 has forged, reinforced or damaged the fabric of international law, and whether the present system of investor-state arbitration represents an effective vehicle for managing legal change in times of crisis. Preceding the Conference will be an ITA-ASIL Young Lawyers Breakfast presented by the ITA Young Arbitrators Initiative and the ASIL New Professionals Group.

8th Annual Americas Workshop: The Merits Hearing: Getting the Message to the Tribunal April 25-27, 2012 ~ Santiago, Chile

The 8th Annual Americas Workshop will be held on April 25-27, 2012 in Santiago, Chile under the leadership of co-chairs Michael Gold- berg (Baker Botts LLP, Houston), Karin Helmlinger (Secretary General, Arbitration and Mediation Center of Santiago, Santiago), Carlos Eugenio Jorquiera (President, Arbitration and Mediation Center of Santiago, Santiago), Wendy Miles (WilmerHale, London), Prof. Guido Tawil (M. & M. Bomchil Advogados and University of Buenos Aires, Buenos Aires) and Eduardo Zuleta (Gómez-Pinzón Zuleta, Bogotá). On the evening before the Workshop, the 5th Annual Americas Roundtable on the Fundamentals of International Arbitration: Do’s and Don’ts will be presented by the ITA Young Arbitrators Initiative, the Arbitration and Mediation Center of the Chamber of Commerce of Santiago, the ICC Young Arbitrators Forum - Latin American Chapter, the ICDR Young & International, the LCIA Young International Arbitration Group and the ALARB Young Professionals in Arbitration Committee.

23rd Annual ITA Workshop: Deliberations, Award and Enforcement June 21, 2012 ~ Westin Galleria Hotel ~ Dallas, Texas The 23rd Annual ITA Workshop will be held on June 21, 2012 in Dallas, Texas under the leadership of co-chairsProf. Tai-Heng Cheng (New York Law School, New York), Philippe Pinsolle (Shearman & Sterling LLP, Paris) and Jennifer M. Smith (Baker Botts L.L.P., Houston). Members of the ITA and its Academic Council, Board of Reporters and Board of Editors will reassemble the following morning for the annual ITA Dallas Forum and other membership activities. On the evening preceeding the Workshop will be the 7th Annual ITA Dallas Roundtable presented by the ITA Young Arbitrators Initiative, the ICC Young Arbitrators Forum, the ICDR Young & International and the LCIA Young International Arbitration Group.

For more information, please visit: www.cailaw.org/ita. For sponsorship opportunities at these events, please contact ITA Director David Winn at +1-972-244-3412; [email protected].