Dr. Alice Broichmann Rechtsanwältin
P+P Pöllath + Partners Kardinal-Faulhaber-Straße 10 80333 Munich Germany
Tel. +49 (0)89 242 40 224 Fax +49 (0)89 242 40 989 [email protected] www.pplaw.com
Dr. Alice Broichmann is head of the dispute resolution practice of P+P Pöllath + Partners. Her practice focuses on international arbitration and litigation in the fields of M&A, corporate and general commercial law.
Dr. Broichmann joined P+P Pöllath + Partners in 2000. Initially, she focused on M&A, private equity and corporate law. Since 2004 she has been developing the firm’s dispute resolution practice with special focus on these fields. She received her legal education at the Universities of Passau, Munich and Augsburg (Doctor of Laws – Dr iur, 2000).
She has been acting as counsel, co-counsel and arbitrator in several cases (DIS, Swiss Chambers, ad hoc) related to pre-closing disputes, purchase price adjustments as well as representations and warranties in the field of M&A. Her industry experience includes inter alia automotive, fire protection, telecommunications, chemicals, pharmaceuticals and body protection technology.
Dr. Broichmann is a member of the German Institution of Arbitration (DIS), the DIS40 of the German Institution of Arbitration, the Young Austrian Arbitration Practitioners (YAAP), Arbitral Women and International Bar Association (IBA).
Dr. Alice Broichmann regularly speaks and publishes on international commercial arbitration and litigation. Inter alia, she is lecturer at the Postgraduate Course of Studies "Mergers & Acquisitions" at the University of Münster.
Recent publications include:
• Beurkundung von Schiedsordnungen (Notarization of Arbitration Rules), SchiedsVZ 2008, 274 – 279 (with Claudia Matthäus) • Disputes in the Fast Lane: Fast-Track Arbitration in Merger and Acquisition Disputes in: International Arbitration Law Review, Issue 4, 2008, 143 – 152 • Die neuen "Ergänzenden Regeln für Beschleunigte Verfahren" der Deutschen Institution für Schiedsgerichtsbarkeit (The new "Supplementary Rules for Expedited Proceedings" of the German Institution of Arbitration), beck-fachdienst Mergers & Acquisitions (online), 14/2008 • Unternehmenskaufverträge und AGB-Kontrolle (Company purchase agreements and control by general terms and conditions), beck-fachdienst Mergers & Acquisitions (online), 14/2007 P+P Pöllath + Partners is a law firm with offices in Berlin, Munich and Frankfurt, specialized in M&A and corporate, private equity, investment funds, real estate, tax and dispute resolution. Bart Legum
Partner, Paris
Tel: +33 1 42 68 48 70 Fax: +33 1 42 68 71 55 Email: [email protected]
Bart Legum is a partner in Salans' Paris office and head of the firm's investment treaty arbitration practice. Bart has over 20 years' experience in litigating complex cases and has argued before numerous international arbitration tribunals, the International Court of Justice and a range of trial and appeals courts in the United States. His practice focuses on international arbitration and litigation in general and arbitration under investment treaties in particular.
From 2000 to 2004, Bart served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser, United States Department of State. In that capacity, he acted as lead counsel for the United States Government defending over $2 billion in claims submitted to arbitration under the investment chapter of the North American Free Trade Agreement (NAFTA). The United States won every case decided under his tenure.
Bart is a member of the Executive Committee, the Council and the Administration Committee of the American Bar Association's Section of International Law. He is the Section's Financial Officer and Chair of the Financial Committee. He served as Programs Officer from 2006-2008, Chair of the Section's Disputes Division from 2004-2006 and as Co-Chair of the Section's International Litigation Committee from 1999 to 2003. He is also an officer of the Mediation Committee of the International Bar Association.
He is the editor of International Litigation Strategies and Practice (2005), a book published by the American Bar Association. Bart is often published on international dispute resolution topics and frequently speaks at conferences on international arbitration and litigation.
Recent experiences: Arbitrator in an ICSID arbitration between Middle Eastern companies and a Middle Eastern State under a bilateral investment treaty Counsel for a Dutch company in an ICSID arbitration against an Eastern European State under a bilateral investment treaty Counsel for a German company in an ICSID arbitration against an Eastern European State under a bilateral investment treaty Counsel for a US company in an ICSID arbitration against an African State under a bilateral investment treaty. Counsel for high net-worth individuals in an UNCITRAL arbitration against an Eastern European State and related court proceedings. Counsel for an Eastern European State in an ICSID arbitration brought by a US company. Counsel for a Central Asian State and state enterprises in SCC and ICSID arbitrations brought by a US company. Counsel for US companies in an ICSID arbitration under the investment chapter of the North American Free Trade Agreement. Advice to a government in UNCITRAL arbitrations under the investment chapter of the North American Free Trade Agreement.
Paris 5099066.3 Counsel to a European company with respect to investigations by the US Department of Justice and Securities and Exchange Commission into allegations of corruption in the company’s worldwide operations. Counsel for a US company with respect to an informal inquiry by the US Securities and Exchange Commission into allegations of corruption at the company’s operations in a European country. Counsel for a US company with respect to a criminal investigation by the French authorities into an environmental incident. Counsel for a UK company with respect to a Nigerian transaction qualified as “suspicious” by the company’s independent auditors. Counsel for UK and Netherlands companies with respect to an action in US court on behalf of a purported worldwide class of securities purchasers.
Career: Joined Salans in 2009 Debevoise & Plimpton LLP, Paris, France (2004-2008) Chief, NAFTA Arbitration Division, United States Department of State, Washington, DC (2000-2004) Debevoise & Plimpton LLP, New York, New York (1987-1999) Law Clerk for the Honorable Carolyn Dineen King, United States Court of Appeals for the Fifth Circuit, Houston, Texas (1986-1987) Admitted to the New York Bar in 1988 and to the Paris Bar in 2008. Financial Officer and Chair of the Finance Committee, Member of Executive Committee, Council and Administration Committee, Section of International Law of the American Bar Association, 2008-present. Programs Officer and Chair of the Programs Committee, Member of Council and Administration Committee, Section of International Law of the American Bar Association, 2006-2008. Chair, Disputes Division, Section of International Law of the American Bar Association, 2004-2006 (responsible for oversight of International Commercial Dispute Resolution, International Litigation, International Courts and International Criminal Law Committees). Co-Chair, International Litigation Committee, Section of International Law of the American Bar Association, 1999-2003 (Vice-Chair, 1997-1999). Member, Ad Hoc Group of Experts on International Investment Law, United Nations Conference on Trade and Development (2007-present). Vice-Chair, Subcommittee on State Mediation, Mediation Committee, International Bar Association, January 2008-present. Associate Editor, Transnational Dispute Management, 2004-present. Member, Commission Française de l’Arbitrage International, ICC Comité National Français, 2005-present. Member, Roster of Foreign Arbitrators, ICC French National Committee, 2005-present. Member, American Society of International Law, 2005-present (Member, Disputes Resolution Interest Group, 2005-present). Member, American Branch of the International Law Association, 1988-present (Member, Committee on International Civil and Commercial Dispute Resolution, 2003-present). Member, London Court of International Arbitration, 2005-present.
Education: Université de Paris II, D.E.A. in public international law (1987) University of Georgia School of Law, J.D. magna cum laude (1985) Rice University, B.A. (1982)
Paris 5099066.3 Languages: English French Spanish (basic)
Selected Publications: Book Editor, International Litigation Strategies and Practice (ABA Int’l Practitioner’s Deskbook Series 2005).
Articles, Essays and Notes Coûts et durée des procédures (étude comparée des mécanismes CIRDI et CNUDCI), 6 Revue Droit & Affaires 52 (2008). The Definitions of Precedent in International Arbitration, in Emmanuel Gaillard & Yas Banifatemi, Eds., Precedent in International Arbitration 5 (2008). Understanding Performance Requirement Prohibitions in Investment Treaties, in Arthur W. Rovine, Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2007 53 (2008). Book Review, Investment Disputes under NAFTA: An Annotated Guide to NAFTA Chapter 11, 24 Arb. Int’l 347 (2008). Are States Responsible for the Acts of Their Instrumentalities? Case Law of Tribunals Other Than ICC and ICSID, in Emmanuel Gaillard & Jennifer Younan, Eds., State Entities in International Arbitration 57 (2008). Options to Establish an Appellate Mechanism for Investment Disputes, in Karl P. Sauvant & Michael Chiswick-Patterson, eds., Appeals Mechanism in International Investment Disputes 231 (2008). La réforme du CIRDI : vers une juridictionnalisation de l’arbitrage transnational ?, in Ferhat Horchani, Ed., OÙ va le droit de l’investissement ? 283 (2006). Defining Investment and Investor: Who Is Entitled to Claim?, 22 Arb. Int’l 521 (2006). The Difficulties of Conciliation in Investment Treaty Cases: A Comment on Professor Jack C. Coe’s “Toward a Complementary Use of Conciliation in Investor-State Disputes—A Preliminary Sketch”, 21:4 Mealey’s Arbitration Rep. 72 (2006), reprinted in 2:2 Mediation Committee Newsletter 27 (Int’l Bar Ass’n 2006); 4 Transnational Dispute Management (Issue No. 1, Feb. 2007). Visualizing an Appellate System, in Federico Ortino, Audley Sheppard & Hugo Warner, Eds., Investment Treaty Law 121 (2006), reprinted in 2 Transnational Dispute Management 64 (Issue No. 2, Apr. 2005) (www.transnational-dispute-management.com). Communicating Effectively with Foreign Clients and Counsel, in International Litigation Strategies and Practice 11 (ABA Int’l Practitioner’s Deskbook Series 2005). Investment Treaty Arbitration: An Option Not to Be Overlooked, in International Litigation Strategies and Practice 189 (ABA Int’l Practitioner’s Deskbook Series 2005). The Contribution of Investment Treaty Arbitration to International Commercial Arbitration, 60 Dispute Resolution J. 70 (Aug.-Oct. 2005). Investment Treaty Arbitration: The Big Bang, 99 A.S.I.L. Proc. (2005). Investor-State Arbitrator Disqualified for Pre-Appointment Statements on Challenged Measures, 21 Arb. Int'l 241 (2005). Does the Loewen Award Endanger the Credibility of the NAFTA Dispute Settlement Mechanism?, 6 J. World Investment & Trade 89 (2005). Lessons Learned from the NAFTA: The New Generation of US Investment Treaty Arbitration Provisions, 19 ICSID Rev.—Foreign Investment L.J. 344 (2004). The Introduction of an Appellate Mechanism: The U.S. Trade Act of 2002, in Emmanuel Gaillard & Yas Banifatemi, Eds., Annulment of ICSID Awards 289 (2004). Trends and Challenges in Investor-State Arbitration, 19 Arb. Int'l 143 (2003).
Paris 5099066.3 The Innovation of Investor-State Arbitration under NAFTA, 43 Harv. J. Int’l L. 531 (2002), reprinted in Fiona Beveridge, Ed., Globalization and International Investment127 (2005); 2 Oil-Gas-Energy Intelligence Service (OGEL) (No. 2, Apr. 2004) (www.gasandoil.com/ogel). Commentary: ICSID Proceedings in the Absence of a Bilateral Investment Treaty, 18 Arb. Int'l 305 (2002).
Roundtable Commentary: Regulatory Expropriation in International Law, 11 N.Y.U. Envt’l L.J. 208 (2002). Federalism, NAFTA Chapter Eleven and the Jay Treaty of 1794, 95 A.S.I.L. Proc. 202 (2001), reprinted in 18 News from ICSID 11 (Spring 2001). Representing States - a US Perspective, 6 Arbitration & ADR 46 (IBA Newsletter, Committee D, June 2001). The Role of US Counsel in Foreign Litigation, in 1999 Private Investments Abroad (Matthew Bender & Co.) Editor, International Litigation, in International Legal Developments in Review: 1998, 33 Int’l Lawyer 403 (1999). L’assistance des juridictions américaines à l’obtention de preuve aux Etats-Unis dans le cadre de procédures étrangères/Discovery in Aid of Foreign Proceedings Provided by United States Courts, 7 Revue de Droit des Affaires Internationales/Int’l Bus. L.J. 747 (1998). Attempts to Use Section 1782 to Obtain US Discovery in Aid of Foreign Arbitrations, 14 Arb. Int’l 213 (1998) (with David W. Rivkin). Editor, International Litigation, in International Legal Developments in Review: 1997, 32 Int’l Lawyer 223 (1998). Developments in International Human Rights Litigation, in 90 A.S.I.L. Proc. 71 (1996). Cross-Border Financial Litigation in the United States in Cross-Border Financial Litigation: An International Financial Law Review Supplement (1994) (with David W. Rivkin and Donald Francis Donovan).
Paris 5099066.3
BARTOSZ KRUśEWSKI
Current position: Partner, Head of the Litigation And Dispute Resolution Department, Clifford Chance, Warsaw
Qualifications: 2000 – Qualified Advocate ( Adwokat ), member of the Warsaw Bar Association 1996 – University of Oxford (Pembroke College) – Magister Juris in European and Comparative Law; 1995 Henry Kravis Scholar 1995 – Master of Law (University of Warsaw)
Summary Experience: Bartosz KruŜewski has over 15 years of experience in arbitration and litigation. He heads the Warsaw Litigation & Dispute Resolution Department and co heads the Restructuring and Insolvency Group (both these practice areas ranked Band 1 in the 2010 edition of Chambers Global ). He is also a member of the firm's International Commercial Arbitration Practice. Bartosz has an extensive practice covering both local and international arbitration, commercial litigation, white collar and regulatory investigations, focusing on post privatization, post M&A, energy, real estate and construction related disputes. In the most recent ranking of Polish leading daily Rzeczpospolita he was recommended in band #1 in the category " dispute resolution ". He was also recognized as the leader in the area of litigation and dispute resolution by Chambers Global and Chambers Europe . He regularly speaks at conferences on arbitration and litigation related issues. He also sits as an arbitrator.
DR. BEATA GESSEL-KALINOWSKA VEL KALISZ
Vice President of the Lewiatan Arbitration Court
Managing partner, attorney at law GESSEL Attorneys at Law Sienna 39 00-121 Warsaw Poland phone: +4822 318 69 09 fax: +4822 318 60 31 e-mail: [email protected] www.gessel.pl
Practice Areas:
Private Equity Venture Capital Corporate/M&A Arbitration
Biography:
Attorney at law (admitted to practice in 1992), managing partner of one of the most prominent Polish law firms – GESSEL. Graduated from Warsaw University’s Faculty of Law and Administration in 1989. Received her PhD from Cardinal Stefan Wyszyński University in Warsaw in 2009 with a PhD thesis concerning the legal nature of representations and warranties in M&A transactions.
Her experience in the field of Private Equity dates from 1990 starting with Polish Private Equity Fund and Enterprise Investors. She advised on the M&A transactions for KBC, Avallon, Krokus Carlyle, Intel. She is one of the founder of the Polish Private Equity Association and since 2004 is Chairman of the Audit Committee of PPEA - being re-elected for the next terms of office .
Having gained experience with a number of other organisations (Arthur Andersen, Weil, Gotshal & Manges, Nabarro Nathanson, the Parliamentary Committee for Economic Co-operation Abroad), Beata established - in January 1993 - Beata Gessel - Attorney at Law. Since its inception, her firm has grown to where it now employs over 30 lawyers specialising in different fields of practice. Beata's main areas of legal expertise include mergers & acquisitions, venture capital, and arbitration.
Since 1999, arbitrator with the Arbitration Court at the Polish Chamber of Commerce and in 2005 she was chosen as Vice-President of the Arbitration Court under the auspices of the Lewiatan Polish Confederation of Private Employers. Beata Gessel acted as an arbitrator in over 40 cases, including ad hoc arbitration.
Affiliations:
- Polish Bar Association, Member - International Bar Association, Member - EVCA, Associate Member - Arbitration Court under the auspices of the Lewiatan Polish Confederation of Private Employers, Vice- President (since 2005) - Arbitration Court at the Polish Chamber of Commerce, arbitrator (since 1999) - Chairman of the Audit Committee in Polish Private Equity Association (since 2004) - Member of the Advisory Board of the Polish Women Congress (since 2010) - Chairman of the Audit Committee of the Warsaw FC Legia Fun Club (since 2010) - Foundation of the Modern Art Collection of the National Museum in Warsaw, Founder
Recommendations:
She is frequently named among best lawyers in M&A/ Corporate, Private Equity/ Venture Capital in various rankings: the annual ranking of law firms compiled by the “Rzeczpospolita” daily; The Practical Law Company, “Private Equity Global Counsel Handbooks”, Chambers Global’s “The World’s Leading Lawyers” and in “Chambers Europe Legal Directory” .
Selected Publications:
Aircraft Finance; Registration, Security and Enforcement , Chapter "Poland" , Longman, London 1991;
Environmental Liabilities and Regulation in Europe , International Business Publishing Limited, Hague, 1993;
Admissibility of the Arbitration Clause, Rzeczpospolita 6 February 1998;
Troubles with Venture Capital , Home & Market, issue 2 - February 1999;
Invaders still in Action (hostile takeovers), Parkiet, 16-18 November 2002;
Securing the object of the claim, International Bar Association Committee D News, February 2003;
Penalty Moderation Needed But Moderately, Discussion about the New Shape of the Civil Code, Rzeczpospolita, 13 July 2005;
Arbitrator’s Impartiality and Independence: What does it mean? , Rzeczpospolita, 28 March 2007;
Capital share in a limited liability company as a personal right , Przegląd Prawa Handlowego nr 5 (189) May 2008;
Some remarks on conflicts of interests involved where arbitrators are members of law firms [in:] International and Domestic Commercial Arbitration at the Outset of the 21 st Century. The Commemorative Book to Honour dr hab Tadeusz Szurski (2008);
Mergers and Acquisitions: Don’t Buy a Pig in a Poke [in:] Law at 2008 Company, Harvard Business Review, Poland, Supplement (March 2008);
05.2007-03.2008 Columns in The Wall Street Journal, Poland
CHARLES C. ADAMS, JR . PRACTICES/INDUSTRIES Managing Partner, Geneva Litigation PHONE International Trade +41.22.787.4000 Geneva International Litigation and
Arbitration FAX Middle East +41.22.787.4010 Geneva AREAS OF FOCUS [email protected] International Litigation and Arbitration Construction Services and Charles C. Adams, Jr. is the Managing Partner of the Geneva office and the Co-director Materials of the firm’s international litigation and arbitration practice. He practices primarily in Insurance international litigation and arbitration, with a particular focus on complex, high-value Joint Ventures Manufacturing disputes involving major infrastructure construction projects, joint ventures, insurance Transportation coverage, manufacturing, telecommunications, and transportation. Charles has more EDUCATION than 30 years of experience in international law, practicing in Washington, D.C., and J.D., University of Virginia Paris before establishing residence in Geneva in 1986. School of Law, 1973 B.A., Dartmouth College, 1968 Charles represents U.S. and foreign multinational corporations and governmental AWARDS/RANKINGS entities in major international arbitrations before the International Chamber of European Legal Experts, Dispute Resolution - Switzerland, 2008 Commerce, the International Centre for the Settlement of Investment Disputes, the PLC Which Lawyer? Yearbook, Zurich Chamber of Commerce, and other international fora. He has dealt extensively Dispute Resolution: Arbitration - Switzerland, 2007-2008 with the negotiation of turn -key contracts for industrial infrastructure development The Legal 500 Europe, Middle projects in Africa and the Middle East, and with concession agreements worldwide in the East, and Africa, Dispute Resolution - Switzerland, 2006- petroleum, mining, and fishing industries. 2008 Guide to the World's Leading Experts in Commercial In the course of his career Charles has represented a number of leading U.S. and Arbitration, Pre-eminent foreign companies, including Euro Disney S.C.A.; Alstom S.A.; Formosa Plastic Group, Practitioner, 2007 AmLaw’s Focus Europe, Taiwan; Siemens Aktiengesellschaft; and Ford Motor Company. Arbitration Scorecard, 2003- 2005 Euromoney G uide, Experts in The most recent issue of The Legal 500, Europe, Middle East, and Africa recommends International Commercial Charles for his "'extraordinary advocacy' and 'daring and creative' tactical talents." In Arbitration, 2005 addition, in Chambers Global 2009, clients describe Charles as '"one of Europe’s MEMBERSHIPS significant names in international arbitration,' thanks to his international background and Member, Virginia Bar Association decades of experience in the field". Member, District of Columbia Bar Association Charles is a member of the Board of Trustees of the Dubai Centre for International Member, Board of Directors, International League for Human Arbitration, a consultant to the United Nations Centre on Transnational Corporations, Rights and a frequent lecturer at the International Development Law Institute and other Qualified, Avocat à la Cour , Paris, France international organizations. His most recent publication is "L'exequatur des sentences President, International Center arbitrales étrangères aux Etats-Unis," in Journal du Droit International (Paris, 2004). for Humanitarian Reporting Member, the World Intellectual Property Organization He served as a Peace Corps volunteer in East Africa from 1968 to 1970, and is active in BAR ADMISSIONS various humanitarian and philanthropic organizations in Europe and Africa. District of Columbia
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Virginia
Paris (inactive) "Supreme Court Rejects Judicial Review of Arbitration Awards, Even By Express COURT ADMISSIONS Agreement." International Litigation and Arbitration Update, Hogan & Hartson LLP District of Columbia Court of (04.02.2008) Appeals London Court of International “Changes in Law Make New York a More Effective Arbitral Forum and Permit Assets in Arbitration New York to be Restrained in Aid of International Arbitrations.” International Litigation LANGUAGES and Arbitration Update, Hogan & Hartson LLP (11.02.2005) English French German Swahili
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Cristina MARTINETTI Partner Born in Asti on March 9, 1966
Admitted to the Turin Bar (1997)
Studi Legali Associati Buffa, Bortolotti & Mathis Via Alfieri, 19 - 10121 TORINO (ITALIA) Tel.: +39-011-5741111 Fax: +39-011-5741141 E-mail: [email protected]
Practice Areas - International and domestic commercial contracts: - M&A and joint venture - Distribution contracts (agency and distribution) - International sale - Related competition issues - Corporate and commercial law - Arbitration, ADR and cross border litigation
Academical Qualifications and Education Adjunct Professor, International Contracts Law, University of Turin (since 2006) Lecturer at «LBE Postgraduate Course in Economic and Competition Law in EU», University of Turin Lecturer at «LL.M in Globalisation», University of Genova Assistant professor in international commercial law, University of Turin (1993 - 1997) Ph. D. in Transnational Trade Law, at Faculty of Law, University of Turin (1997) «Diplôme en droit comparé» (2ème cycle) at Faculty of Law, University of Strasbourg, France (1997) Graduated at Faculty of Law, University of Turin (J.D., 1993)
Other Qualifications Advisor to the Unioncamere Lombardia Arbitrator and mediator Athletes’ counsel in front of the ad hoc Chamber of the Arbitral Sport Tribunal (TAS) during the XX Winter Olympic Games in Turin Editorial staff member of the review “Contratto e impresa/Europa”
Professional Experiences Partner, Studi Legali Associati Buffa, Bortolotti & Mathis (since 2004) Associate, Studio Legale Bortolotti, Mathis & Associati (1993-2003) Visiting lawyer at Geerling Law Firm, Amsterdam (1994) Advisor Nomos s.r.l. (1989-1993)
Associations Member of following associations: «International Bar Association» (I.B.A.); «Young International Arbitration Group» (Y.I.A.G.); «Arbitral Women» (A.W.); Piedmont Civil Chamber Chairman of the «AGAT - Associazione Giovani Avvocati di Torino» (Young Lawyers Association of Turin) (A.G.A.T.) (2007-2009) Languages Italian, English and French
Publications • L’applicazione degli A.E.C. del 1992 all’indomani della sentenza 23 marzo 2006 della Corte di Giustizia (The 1992 A.E.C. application in the aftermath of ECJ ruling 23 March 2006), in Mass. Giur. Lav., 2006, n. 10, p. 104 ss. • Further thoughts on reform of arbitration law in Italy (Further thoughts on reform of arbitration law in Italy), in IBA Arbitration Committee Newsletter, 2006, p. 26 ss. • Prime riflessioni sul regolamento (CE) n. 44/2001 concernente la competenza giurisdizionale, il riconoscimento e l’esecuzione delle decisioni in materia civile e commerciale (First reflections on Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters), in Contratto e impresa/Europa, 2001, n. 1 • Romania : una nuova legge per gli investimenti esteri (Romania: a new law for the foreign investments), in Commercio Internazionale, 1992, n. 7 • Contratto di agenzia : al traguardo la legge spagnola (Agency contract: the Spanish law at the finishing line), in Commercio Internazionale, 1992, n. 18 • Portogallo: la legge in materia di agenzia e la direttiva comunitaria (Portugal: the agency law and the EC directive), in Commercio Internazionale, 1992, n. 24 • La normativa cecoslovacca sulle società per azioni (The Czechoslovak provisions on stock companies), in Commercio Internazionale, 1991, n. 4 • Ungheria : la normativa sugli investimenti esteri (Hungary: provisions on foreign investments), in Commercio Internazionale, 1990, n. 9
David Syed Partner, Global Finance Paris +33 1 5353 7555 [email protected]
David Syed, a partner in the Paris office, is the senior partner for Europe and a member of the Executive Committee. As a partner in the European Finance Group, his practice focuses on complex financings and significant restructurings. He also has extensive
experience in international contracts, corporate transactions and cross Related Practice Areas border transactions. • European Finance • Global Finance • Financial Markets Before joining the firm, Mr. Syed was the founding partner of the • Corporate Transactions (Tax) French office of Watson, Farley & Williams. He was previously a
Education lawyer in the international legal department of Renault in Paris, • LL.B., with honors , Université de Reims, followed by a short period as an associate and partner at Baker & 1985 • LL.M., with honors , University of Exeter, McKenzie in Paris. 1987 Mr. Syed’s publications are outlined in the listing below. Honors • Recognized as a Best Banking Lawyer Under 40 by the European Counsel • Recognized as a leading global lawyer Admitted in in Chamber's Global Guide to the Leading Global Lawyers , 2004 Paris
Languages • English • French Memberships • Spanish Paris Bar Association
Publications "French PPP legislation: an opportunity for the financing of public investments," Project Finance Legal Advisers Review 2004/2005 Author, "France: update of the inbound and outbound leasing market," Asset Finance International, September 2001 Author, "Lease to Pickle service contract et droit public français," Décideurs juridiques et Financiers, September 2000 "Osons financiariser le microcrédit pour redynamiser notre économie", La Tribune.fr, June 2009 (with Denis Fontaine-Besset). "Changing Supply and Demand for Global Legal Services: The Multi- polar Dynamic" - from Leigh Dance's "Bright Ideas: Insights from Legal Luminaries", 2009.
David Syed Page 1
Frederick R. Fucci Partner Contact Information [email protected] Mr. Fucci focuses his practice on the tel: +1 212.715.1323 fax: +1 212.715.1399 development and financing of infrastructure projects in the US and in emerging markets with 399 Park Avenue a focus on energy. He has been lead counsel New York, NY 10022-4690 on independent power projects (IPPs) using both carbon-based and renewable fuels. He has advised on the Practice Areas installation of numerous distributed generation facilities (on-site) Corporate and Securities using combined heat and power (CHP) or cogeneration International Trade technologies. He also advises energy services companies (ESCOs) International Arbitration on energy efficiency projects carried out under energy performance Education contracts or demand side management programs. He has recent JD, Georgetown University Law experience in solar power purchase agreements (PPAs) and utility- Center, 1987 scale geothermal, hydroelectric, wind, and solar generation projects, MA, Paul H. Nitze School of as well as in a large-scale petroleum refinery development project. Advanced International Studies, Johns Hopkins University, 1987 He also devotes a significant portion of his practice to corporate Resident Foreign Fellow, Ecole Normale Supérieure, Paris, 1981- transactions, including mergers, acquisitions, asset purchases and 1982 dispositions, joint ventures and the financing of start-up enterprises, BA, Amherst College, 1981 with an emphasis on foreign companies investing or acquiring businesses in the US. In this context, Mr. Fucci provides general Admissions commercial and corporate advice for both US and foreign New York District of Columbia companies. He has drafted and negotiated numerous joint venture and commercial contracts, as well as supply of goods and equipment purchase agreements.
Over the course of his career, Mr. Fucci has become experienced in dispute resolution techniques such as international commercial arbitration and international judicial assistance in the aid of enforcement of judgments. He has acted as counsel to parties to disputes and as a neutral arbitrator in international arbitration proceedings under both International Chamber of Commerce (ICC) and International Centre for Dispute Resolution (ICDR) rules.
In the 1990s, he served as Project Counsel for the project financing of the 1200 MW Jorf Lasfar, Morocco thermal power plant and later for the development and financing of independent power projects in Mexico, Brazil, and other emerging countries.
In the context of his energy development work, Mr. Fucci has drafted and negotiated construction (engineering, procurement, and construction-EPC/design-build), equipment supply and operations arnoldporter.com and maintenance (O&M) agreements for power and process plants.
In 1993, Mr. Fucci served as an advisor seconded to the Investor Services Directorate of the Treunhandanstalt (German Privatization Agency) providing counseling to foreign investors on the procedures for purchasing state-owned companies and requirements of privatization contracts in the former East Germany.
Languages
French, Italian, German (fluent) Spanish, Portuguese (working knowledge)
Para descargar la biografía haga click aquí
Rankings
Included in Global Arbitration Review 100 (2010 Edition) "Names to Know"
The New York City Bar Association's (NYCBA) has named Frederick R. Fucci as Chair of the Energy Committee, effective September 1, 2009, for a three-year term. Chairs are appointed by the President of NYCBA and lead the Committee in shaping NYCBA positions and framing debate on legal questions relating to energy law and policy. Mr. Fucci has been an active member of the NYCBA and a member of its Energy Committee for the past three years.
Professional and Community Activities
Counsel to the US Green Building Council, NY Chapter, with relation to the New York City Green Codes Task Force, an initiative to revise the New York City Building Code
Chair, Energy Committee, New York City Bar Association
Member, Section on Energy & Resources, International Bar Association
Member, Section of Environment Energy & Resources and Section of International Law, American Bar Association
US delegate since November 2003 to the Commission on Arbitration of the International Chamber of Commerce—Participating in the review and development of international arbitration rules and standards
Member of USCIB Committee on Arbitration, Chair of the Transactional Lawyers Subcommittee (law firm attorneys)
Professional accreditation from the American Translators Association in French and Italian translation
Articles
Frederick R. Fucci Arnold & Porter LLP 2 Frederick R. Fucci and Joseph G. Howe III. "Federal Cash Grant Program for Renewable Energy Property Now in Effect: Final Guidelines Released/Applications Being Accepted" The Real Estate Finance Journal Winter 2010. Frederick R. Fucci. "Alternative Energy in Commercial Real Estate and Multi-Family Housing, Application of Distributed Resources, Practical and Legal Ramifications" March 5, 2008. Frederick R. Fucci. "Hardship and Changed Circumstances as Grounds for Adjustment or Non- Performance of Contracts-Practical Considerations in International Infrastructure Investment and Finance" Proceedings of the ABA Section of International Law Spring Meeting, April 2006. Frederick R. Fucci. "Distributed Generation in the U.S.-Practical Issues in Project Development" IBA Section and Energy and Resources Law Conference Papers, May 2004. Frederick R. Fucci. "Issues in the Enforceability of Arbitral Awards in International Project Lending" IBA Conference Papers, September 2003. Frederick R. Fucci. "Bersani Decree Opens Italian Energy Market" Int'l Financial Law Review, September 1999. Frederick R. Fucci. "Risk Management in International IPPs: Terms of the Project Documents" PowerGen Conference Proceedings, 1999.
Presentations
Frederick R. Fucci. "Retrofitting Commercial Buildings to be Green" Urban Land Institute (ULI), Washington, DC, June 24, 2009. Frederick R. Fucci. "Implementing Efficiency Improvements with Energy Performance Contracts" Lorman Education Services, September 17, 2008. Frederick R. Fucci. "Green Real Estate Summit 2008: What Attorneys, Developers, Bankers and Regulators Need To Know" Practising Law Institute, March 5, 2008. Frederick R. Fucci. "Getting Transactional Lawyers Thinking about Dispute Resolution" ICC Conference on International Commercial Arbitration in Latin America, November 6, 2007.
Advisories
"MMS Final Regulations on the Development of Offshore Renewable Energy Projects." Aug. 2009. "Federal Cash Grant Program For Renewable Energy Property Now in Effect." Aug. 2009. "Tremendous Support for Renewable Energy and Efficiency in the Stimulus Law." Mar. 2009. "The Emergency Economic Act Contains Significant Energy Provisions." Oct. 2008. "Energy Efficiency for Building and Facility Owners-Achieving Savings through Energy Performance Contracting." Aug. 2008.
Frederick R. Fucci Arnold & Porter LLP 3 Your contact: Gerhard Wegen Prof. Dr. Gerhard Wegen, LL.M., born 1950. Bank Exam 1970. Universities of Hamburg, Geneva/Switzerland, Tübingen and Harvard Law School/USA (LL.M. 1981). Admitted in Germany, 1981. Admitted in New York State and Southern and Eastern District Courts of New York, 1983, Ct. App. for the Federal District 2007, US Supreme Court, 2009 and US Ct. App. for the Second Circuit 2010. Dr. iur., 1985. Admitted as Foreign Attorney, Brussels, 1987. Honorary Professor at the University of Tübingen, 1997. Partner, Gleiss Lutz. Since 2008 Chairman, Partnership Council of Gleiss Lutz. Member of the German (DAV), New York State (NYSBA), American (ABA), International (IBA) and Inter- Pacific (IPBA) Bar Associations; The Association of the Bar of the City of New York; German and American Societies of International Law, International Law Association (German Branch - International Securities Regulation Committee), German (DIS) and Swiss (ASA) Arbitration Associations, London Court of International Arbitration (LCIA), The Chartered Institute of Arbitrators (MCArb), AAA International – ICDR Panel of Arbitrators, SIAC, DIAC International Arbitrator.
Prof. Dr. Gerhard Wegen Practice Areas Maybachstraße 6 D-70469 Stuttgart M&A, corporate law, securities regulation and international commercial arbitration in this context.
Tel. +49 711 8997-156 Languages Fax +49 711 855096 German, English, French. [email protected] Publications www.gleisslutz.com BGB-Kommentar (Commentary on the German Civil Code), 5th ed., 2010 (co-editor/co-author); ZPO- Kommentar (Commentary on the German Civil Procedure Code), 2nd ed., 2010 (co-author); Materials on International Arbitration, 2007 (co-editor); Praxishandbuch Schiedsgerichtsbarkeit (Practice Manual on Arbitration), 2007 (co-author); The Statute of the International Court of Justice: A Commentary, (2006) (co- author); Internationales Gesellschaftsrecht in der Praxis (The Practice of International Corporate Law), 2005 (co-author); Commercial Dispute Resolution in Germany, 2005 (co-author); Übernahme börsennotierter Unternehmen (Taking over Listed Companies), 2003 (co-editor/co-author); The Law Applicable to Cross- Border Securities Transactions, 1999 (co-author); Gesellschaftsrecht in Indien (Indian Company Law), 1997 (co-author); Litigation Issues in the Distribution of Securities: An International Perspective, 1997 (co-editor); Insider Trading in Western Europe: Current Status, 1994 (co-editor); Vergleich und Klagerücknahme im internationalen Prozess (Settlement and Discontinuance in International Disputes), 1987; Country Editor: International Legal Materials and World Securities Law Report.
1 Your contact: Gerhard Wegen
Leading Deals Include Advising
• Robert Bosch GmbH/Bosch Rexroth AG (D) on the EUR 460 million takeover of Hägglunds Drives AB (S) from Ratos AB (S)
“The undisputed rainmaker • Robert Bosch Group on various crossborder acquisitions in 2008-2010 of the (M&A) Group with a “tireless work ethic”” • Banque Fédérative du Crédit Mutuel S.A. (F) on its EUR 9 billion acquisition of Citigroup Deutschland GmbH Chambers Global 2009 • Basic Element (RUS) / Rasperia Trading (CY) on the acquisition of 9.9% in Hochtief AG for approx. EUR 600 million „client says: a born deal- • Swiss Re (CH) on its acquisition of the worldwide re-insurance business from General Electric Company (USA) maker” for EUR 5.8 billion Juve Handbuch 2007/2008 • Fortune Brands (USA) on its EUR 4.4 billion acquisition of a number of major spirits and wine brands from Pernod Ricard (F) • Logica CMG (UK) in its EUR 930 million takeover of Unilog (F) “... highly recommended (in M&A) ...” • Air Liquide (F) on its EUR 2.8 billion acquisition of Messer Griesheim in Germany, the U.S. and the UK (largest private transaction 2004 in Germany) PLC Which lawyer? • The Blackstone Group (USA) on its EUR 3.1 billion takeover of Celanese AG Yearbook 2009 (largest public transaction 2004 in Germany) “…is extremeley thought of • Altadis (F/E), on its proposed acquisition of Reemtsma from Tchibo Holding (which was sold to Imperial in [M&A]” Tobacco for EUR 5.2 billion) Who is Who Legal 2009 • Südzucker on its acquisition of a EUR 1.35 billion stake in Saint-Louis Sucre (F) • ZF Friedrichshafen on its EUR 1,28 billion acquisition of Mannesmann Sachs AG from Siemens AG • Telecom Italia (I) on its proposed merger with Deutsche Telekom (transaction value approx. EUR 150 billion) • Various small and medium sized transactions within and without Germany, especially implicating France, India, Italy, Spain, UK and USA
2 Your contact: Gerhard Wegen A. Arbitration Experience Chairman of Sole Party’s Secretary Total a) Statistics Co-arbitrator Tribunal Arbitrator Counsel or Other
International ICC 5 3 7 10 ---- 25 Institutional Arbitration Other 4 3 7 10 ---- 24
International Ad Hoc ------10 3 1 14 Arbitration (Expert Witness)
Domestic Arbitration 7 1 10 19 ---- 37
Total 16 7 34 41 1 100
b) Parties in these arbitrations come from 29 countries: Abu Dhabi, Australia, Austria, Belgium, CIS-States, Denmark, Dubai, Finland, France, Germany, Greece, Hungary, India, Italy, Japan, Korea, Mexico, Netherlands, Nigeria, Norway, Poland, Saudi-Arabia, Slovenia, Spain, Sweden, Switzerland, Thailand, Turkey, United Kingdom, USA
c) Dispute Value Between EUR 750,000.00 to EUR 550,000,000.00. Ø EUR 70,000,000.00
B. Mediation Experience Sole Mediator in a French/German M&A transaction dispute, Stuttgart 2004
3 Hans G. Bagner
Frank Advokatbyrå AB Regerinsgatan 20 Box 7099 SE-107 83 Stockholm Sweden
Telephone: +46 8 5224 5801 Mobile: +46 73 644 5805 Fax: +46 8 5224 5819
E-mail: [email protected]
Nationality: Swedish
Education: University of Stockholm (Juris Kandidat/LLB); University of Michigan Law School (Master of Comparative Law/MCL)
Bar Admission or Professional License: Sweden – 1965
Previous and Present Positions: Visiting Professor at Louisiana State University (International Trade Law); lecturer at the Stockholm University, Law Faculty master program on International Commercial Arbitration Law, 2003–
Arbitration Experience: Chairman, sole arbitrator, member of the tribunal or counsel in numerous international arbitration proceedings, ad hoc (including UNCITRAL) and under the aegis of the ICC, AAA, LCIA, and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
Areas of Specialization: International commercial arbitration; served since the mid 70s as party counsel or arbitrator in more than one hundred international commercial matters before the ICC International Court of Arbitration, the London Court of International Arbitration, AAA, SCC, or ad hoc arbitrations; Domestic Commercial Arbitration; served during the 1970s as a permanent member of a Swedish government-sponsored trade dispute tribunal dealing with travel industry matters
Professional Associations: Swedish Member, ICC International Court of Arbitration (1996-2002); Member, ICC Commission on International Arbitration (2003– ); Panel of arbitrators, International Centre for Dispute Resolution (ICDR), the international division of American Arbitration Association; Member, Chartered Institute of Arbitrators, London; Member of the working party which prepared the IBA Rules on the Taking of Evidence in International Commercial Arbitration in 1999; Member of the Executive Committee of the Swedish Arbitration Association, (2007 - ); Squire Sanders & Dempsey, Cleveland, Ohio, U.S.A. 1963/1964; Vinge, London/Stockholm 1964-2009; FRANK, counsel 2010 - .
Publications: Internationella handelskammarens skiljedomsregler [ICC Arbitration Rules], Andra upplagan (Norstedts Juridik, 2d ed. 2001) (co-authored with L. Hjerner and S. Jarvin); Numerous articles and case notes; some recent publications are the following; “How to Avoid Conflicting Awards,” 5(1) J. World Inv. 31 (2004); “Country report – Sweden,” in International Comparative Legal Guide to International Arbitration 2005, at 330; “Swedish Court Rejects Challenge of the Czech Republic,” IBA Committee D Newsletter, Vol. 8, No. 2, at 24 (Sept. 2003); “The CME v. Czech Republic case,” 2003(2) Stockholm Arb. Rep. 167; “Swedish Appeals Court ‘Strikes Delicate Balance’ in Czech Republic v. CME,” 18(6) Mealey’s Int’l Arb. Rep. 34 (2003); “The Confidentiality Conundrum in International Commercial Arbitration,” 12(1) ICC Bull. 18 (2001); “Confidentiality – A Fundamental Principle in International Arbitration,” 18(2) J. Int’l Arb. 243 (2001); “Nya bevisregler för internationella skiljeförfaranden [New Rules on Evidence in International Arbitration],” Juridisk Tidskrift 431; “Confidentiality in International Commercial Arbitration Practice in Sweden – Back on Track,” Mealey’s Int’l Arb. Rep. 25 (1999); “Internationella Handelskammarens (ICC) nya skiljedomsregler [ICC’s New Rules],” 1997-98(2) Juridisk Tidskrift; “Expedited Arbitration Rules: Stockholm and WIPO,” 13(2) Arb. Int’l 193 (1997); “Stockholm Arbitration Institute”, Arbitration World, 2 nd edition, 2006, p. cxxi, together with Mattias Rosengren; The International Comparative Legal Guide to: International Arbitration 2006, Global Legal Group, chapter about Sweden, p. 400, together with Klara Håstad; Arbitrator Impartiality - Appearance Is Everything; Mealey’s Int’l Arb.Report June 2006.
Languages: Swedish, English, German
C U R R I C U L U M V I T A E Prof. Henry PETER
Henry Peter is professor at the Law School of the University of Geneva (www.unige.ch/droit/collaborateurs/?henry_peter). He obtained his PhD grade at the University of Geneva in 1988, after having been visiting scholar at the University of Berkeley, California between 1983 and 1984 thanks to a fellowship granted by the Swiss National Fund for Scientific Research. Since 1998, he is head of the Master in Business Law program of the universities of Geneva and Lausanne ( www.unige.ch/droit/mbl ), and, since 2009, chairman of the coordination committee of the LL.M. Banking & Finance and of the LL.M. Tax of the University of Geneva. He has been visiting professor at the University of Lyon 3-Jean Moulin (in relation to a LL.M. in International and European Law program) and is currently visiting professor at the University of Fribourg (with regard to a Master of Law course called "Sociétés publiques"). Since 2006 he is head of the commercial law department of the Law School of the University of Geneva. Besides his teaching and research activities, Henry Peter is senior partner of a law firm based in Lugano (www.peterlegal.com ). Since 2004 he is member of the Swiss Takeover Board (www.takeover.ch ) and, since 2007, of the Sanction Commission of the SIX Swiss Exchange (www.six-swiss-exchange.com ). He was chairman of the Geneva Business Law Association (www.agda.ch ) between 2003 and 2006, is member of the editing board of the Swiss Review of Business and Financial Market Law and member of the board of the Center of Banking and Financial Law of the Geneva University (www.unige.ch/droit/cdbf ); vice-Chairman of the disciplinary chamber of the Swiss Olympic Association in charge of doping cases; has been member, between 2003 and 2008, of the experts group on company reorganisation appointed by the Swiss Federal Office of Justice; member of the Swiss Arbitration Association (www.arbitration-ch.org) and chairman of its Swiss Italian section (GASI) since it was set up in 2003. Since 1994, he is honorary counsel of Sweden for the Italian speaking part of Switzerland. He is author or editor of several books and of numerous papers in the various fields of his 2
activities (www.peterlegal.com ). He is director and member of the audit committee of several companies, including Swiss Life. He frequently acts as chairman, sole arbitrator or member of arbitral tribunals in commercial or sport matters. He was a member of the 31 st America's Cup Arbitration Panel between 2000 and 2003 (Auckland, New Zeeland), member of the 32 nd America's Cup Jury (Valencia, Spain) between 2006 and 2007 and has been Chairman of the 33 rd America's Cup Arbitration Panel between July 2007 and April 2009. Prof. Peter is often invited to issue legal opinions in particular in respect of corporate law issues.
February 18, 2010
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L I S T O F P U B L I C A T I O N S Prof. Henry Peter
I. AS AUTHOR
1. HIRSCH Alain, PETER Henry: "Une meilleure garantie de l'exécution des conventions d'actionnaires: la propriété commune (Gesamteigentum) des actions ", in SAS/SAG 1984, pp. 1 to 8.
2. PETER Henry: "L'action révocatoire dans les groupes de sociétés ", in SAS/SAG 1989, pp. 1 to 15.
3. PETER Henry: "L'action révocatoire dans les groupes de sociétés ", Basel (Helbing & Lichtenhahn) 1990, 309 pages.
4. PETER Henry: "Les Offres Publiques d'Achat en Suisse: analyse et évolution, en particulier depuis l'entrée en vigueur du nouveau "Code suisse des OPA"", in RSDA/SZW 1990, pp. 153 to 169.
5. PETER Henry: "Les Offres Publiques d'Achat en Suisse: analyse et évolution, en particulier depuis l'entrée en vigueur du nouveau "Code suisse des OPA"", in Rivista delle società 1990, Giuffrè Editore, Milano, pp. 953 to 984.
6. PETER Henry: "Les bons de participation sous l'empire du nouveau droit de la société anonyme ", in PJA/AJP 1992, pp. 752 to 757.
7. PETER Henry: "Colloque. L'Avant-Projet de la loi fédérale sur les bourses et le commerce des valeurs mobilières ", Publication CEJE, Zürich (Schulthess) 1992, interventions pp. 147 and seq., 169 and seq., 187 and seq., 195 and seq.
8. PETER Henry: "Bons de participation, bons de jouissance et actions à droit de vote privilégié ", in Le nouveau droit des sociétés anonymes, Publication CEDIDAC n° 23, Lausanne 1993, pp. 353 to 391.
9. PETER Henry: "Le sponsoring sportif ", in Chapitres choisis du droit du sport, Publication of the Groupe Interfacultaire des Sciences du Sport (GISS), Geneva (Médecine et Hygiène edition) 1993, pp. 125 to 142.
10. PETER Henry: "Il Codice Svizzero degli Acquisti Pubblici di Obbligazioni (APO) ", in Rivista delle Società 1993, Giuffrè Editore, Milano, pp. 238 to 247. 4
11. PETER Henry: "Lo sponsoring sportivo: qualifica e conseguenze giuridiche ", in Il diritto dello sport, Atti della giornata di studio del 18 ottobre 1993, Publication of the Commissione ticinese per la formazione permanente dei giuristi (CFPG) n° 11, Lugano 1994, pp. 27 to 56. Also published in Rivista di diritto amministrativo e tributario ticinese 1994, pp. 245 to 274.
12. PETER Henry, BIRCHLER Francesca : "Liquidation des groupes de sociétés et consolidation - Enseignements de la pratique récente ", in RSDA/SZW 1995, pp. 122 to 131.
13. PETER Henry: "La transformation des Sociétés en Droit Suisse ", in Annuaire du Registre du Commerce 1995, Zürich (Schulthess) 1995, pp. 30 to 48.
14. PETER Henry: "Le offerte pubbliche di acquisto (OPA) e la pubblicità delle partecipazioni nella nuova Legge federale sulle borse ", in Novità legislative per le attività bancarie, Publication of the Centre d'études bancaires n° 2, Bellinzona (Méta-Editions) 1997, pp. 65 to 85.
15. PETER Henry: "Les obligations du négociant en matière de "Meldepflicht" et d'OPA sous l'empire de la LBVM ", in L'Expert-Comptable Suisse 1997, pp. 655 to 664.
16. PETER Henry : "L'avocat suisse face à l'étranger "; "Der Schweizer Rechtsanwalt und das Ausland ", in La diligence de l'avocat dans le domaine professionnel, Publication of the "Winterthur" Société suisse d'Assurances, Bern (Stämpfli) 1997, pp. 31 to 45.
17. PETER Henry, STUCCHI Giovanni: "Aspetti legali e fiscali della ristrutturazione di aziende de lege lata e ferenda", in L'Expert-Comptable Suisse 1998, pp. 331 to 348.
18. PETER Henry, BIRCHLER Francesca : "Les groupes de sociétés sont des sociétés simples ", in RSDA/SZW 1998, pp. 113 to 124.
19. PETER Henry : " ius sponsor(ing) in ottica comparatistica ", in Pacte, Convention, Contrat, Mélanges en l'honneur du Professeur Bruno Schmidlin, Basel (Helbing & Lichtenhahn) 1998, pp. 317 to 345. Published also in Rivista di Diritto Sportivo del Comitato Olimpico Nazionale Italiano 1998, Imago Media Editore, Rome, pp. 40 to 69.
20. PETER Henry: "From atomism to consolidation in groups' insolvency", in Internationales Gesellschaftsrecht, Schriften zum internationale Gesellschaftsrecht, Heft 1, Bern (Stämpfli) 1998, pp. 87 to 115.
21. PETER Henry: "Conflicting Contracts in Sport: Resolution through Central Filing and ad hoc Arbitration ", in Arbitration of Sports-Related Disputes - L'arbitrage des litiges liés au sport, Special Series ASA n° 11, Zürich 1998, pp. 63 to 68.
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22. PETER Henry: "La restructuration des entreprises dans une perspective nationale et transfrontalière ", in SJ 1999 II, pp. 101 to 137.
23. PETER Henry: "Some considerations about the creation of a European Basketball league "; "Quelques remarques concernant la création d'une ligue européenne de basketball "; "Problemas relacionados con la creación de une Liga Continental de Clubes ", in FIBA International Legal Simposium, Barcelone (Deusto) 1999, respectively pp. 211 to 216 (English); pp. 468 to 473 (French); pp. 727 to 732 (Spanish).
24. PETER Henry: "Les mesures provisionnelles dans la poursuite pour dettes et la faillite ", in Mesures provisionnelles judiciaires et administratives – Droits et devoirs de la banque suisse et de ses clients, Publication of the Centre d'études bancaires n° 5, Bellinzona (Méta- Editions) 1999, pp. 65 to 85.
25. PETER Henry: "La société sportive "idéale": association ou société? Coopérative ou anonyme? ", in La forme sociale des organisations sportives: questions de responsabilité, Basel (Helbing & Lichtenhahn) 1999, pp. 23 to 72.
26. PETER Henry, CHEVALLAZ Joël: "Le rôle des réviseurs dans le cadre de la LBVM ", in L'Expert-Comptable Suisse 1999, pp. 1205 to 1214.
27. PETER Henry: "Contrôle, prise de contrôle, groupes ", "Beherrschung, Kontrollübernahme und Konzerne ", Fiche juridique suissen° 405, Geneva 1999.
28. PETER Henry: "OPA ", "Öffentliche Kaufangebote ", Fiche juridique suisse n° 405a, Geneva 1999.
29. PETER Henry, BAHAR Rashid: "Rachat et options de rachat par une société de ses propres actions (en droit des sociétés) ", in Journée 1999 de droit bancaire et financier, Bern (Stämpfli) 2000, pp. 15 to 29.
30. PETER Henry, CAVADINI-BIRCHLER Francesca, STUCCHI Giovanni : "Les restructurations juridiques d'entreprises: un état des lieux du droit suisse ", in Annuaire du Registre de Commerce 1999, Zürich (Schulthess) 2000, pp. 94 to 135.
31. PETER Henry: "La faillite consolidée" , in Insolvence, désendettement et redressement, Etudes réunies en l'honneur de Louis Dallèves, Basel (Helbing & Lichtenhahn) 2000, pp. 221 à 238.
32. PETER Henry: "La forme juridique des clubs suisses: situation actuelle et perspectives souhaitables ", in Comment améliorer la situation économique des clubs sportifs professionnels?, Publication of the International Center for sports studies (CIES) n° 4, Bern (Stämpfli) 2000, pp. 7 to 37.
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33. PETER Henry: "La responsabilité de – et par – l'organe de fait ", in Christine Chappuis/Henry Peter/Andreas von Planta (Eds.), Responsabilité de l'actionnaire majoritaire, Publication CEJE, Zürich (Schulthess) 2000, pp. 29 to 54.
34. KAUFMANN-KOHLER Gabrielle, PETER Henry: "Formula One Racing and Arbitration: the FIA tailor made system for fast track dispute resolution ", in Arbitration International, volume 17, n° 2, 2001, pp. 173 to 191.
35. PETER Henry: "Actionnaires et OPA ", in La société anonyme dans ses rapports avec ses actionnaires, Publication CEDIDAC n° 43, Lausanne 2001, pp. 85 to 115.
36. PETER Henry : " La responsabilité fondée sur la confiance en droit des sociétés ", in Journée de la responsabilité civile 2000: La responsabilité fondée sur la confiance – Vertrauenshaftung -, Zurich (Schulthess) 2001, pp. 49 to 67.
37. PETER Henry: "Stakeholders in Formula One: synergies and divergences", Papers presented at the congress on "Sport Management and Marketing in the 3rd Millennium", COSPO 2002, Maroussi (Athens), Greek (publication on CD-Rom), pp. 1 to 19.
38. TRIGO TRINDADE Rita, PETER Henry : "Responsabilité des organes de gestion dans un groupe de sociétés: commentaire des ATF 128 III 29 et 128 III 92 ", in RSDA/SZW 2002, pp. 251 to 259.
39. PETER Henry: " Droit et sports extrêmes: la déficience du status quo ou de l'urgence d'intervenir ", in Sports extrêmes – Sportifs de l'extrême - La quête des limites, Publication of the Académie Internationale des Sciences et Techniques du Sport (AISTS), Geneva (Georg) 2002, pp. 185 to 191.
40. PETER Henry: "Loi fédérale sur la fusion: le point de la situation ", in JT 2002 I, pp. 327 to 345.
41. PETER Henry, MAESTRETTI Massimiliano: "Corporate Governance and Special Purpose Vehicles. Understanding the Enron Case. Use and Abuse of Enron's Own Stock under the Perspective of Swiss Law ", in l''Expert-Comptable Suisse 2002, pp. 1131 to 1140.
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42. PETER Henry: "Trasformazioni societarie con riferimento allo stato attuale e al progetto di legge sulle fusioni ", in Temi scelti di diritto sociatario, Publication of the Commissione Ticinese per la formazione permanente dei giuristi (CFPG) n° 29, Basel (Helbing & Lichtenhahn) 2003, pp. 163 to 176.
43. PETER Henry : " Creative Accounting et Corporate Governance: les leçons d'Enron et consorts ", in Journée 2002 de droit bancaire et financier, Bern (Stämpfli) 2003, pp. 35 to 79.
44. PETER Henry, STUCCHI Giovanni : "Impresa e società nel diritto svizzero, Attualità e prospettive sotto il profilo civile e fiscale ", Actes de la journée du Comitato dei Notariati Lombardo e Ticinese du 26 octobre 2002, 2003, pp. 3 to 53.
45. PETER Henry: "The America's Cup Arbitration Panel ", in ASA Bulletin 2003, pp. 249 to 271.
46. FAIRE John, FOSTER Michael, MANASSE Donald, PETER Henry, TOMPKINS David : "Arbitration in the America's Cup – The XXXI America's Cup Arbitration Panel and its Decisions ", Henry Peter editor, The Hague/London/New York (Kluwer Law) 2003, 265 pages.
47. PETER Henry: "Le Corporate Governance dans les groupes de sociétés ", in Corporate Governance en Suisse, Publication CEDIDAC n° 54, Lausanne 2003, pp. 61 to 93.
48. PETER Henry, ZUEBLIN Marco: "L'arbitrato nella Coppa America ", in Rivista dell'Arbitrato 2003, Giuffré Editore, Milano, pp. 435 to 451.
49. PETER Henry: "Les comités dans les groupes (vers un ou des comités de groupe?) ", in RSDA/SZW 2004, pp. 54 to 63.
50. PETER Henry: "De quelques conséquences ultimes de la direction unique dans les groupes ", in De lege ferenda - Réflexions sur le droit désirable en l'honneur du professeur Alain Hirsch, Geneva (Slatkine) 2004, pp. 177 to 182.
51. PETER Henry: "Des formes juridiques des clubs sportifs, de quelques conséquences, et de leur restructuration ", in Droit et sport, FSA Publication n° 19, Bern 2004, pp. 67 to 94.
52. PETER Henry: "Devoir de transparence des entreprises (ou de la responsabilité sociale des sociétés) ", in Medialex 2004, pp. 29 to 37.
53. PETER Henry: "Contrôle légal des comptes des sociétés: la Commission européenne propose une directive pour combattre les fraudes et les irrégularités ", in Bulletin d'actualités du Centre de droit bancaire et financier, April 8, 2004, www.unige.ch/droit/cdbf/detail_actualites.php3?id_article=172 .
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54. PETER Henry, CAVADINI Francesca: "Les restructurations transfrontalières sous l'empire de la LFus ", in RNRF/ZBGR 2004, pp. 170 to 196.
55. PETER Henry: "Le sort des contrats en cas de transfert de patrimoine ", in RSDA/SZW 2004, pp. 223 to 230.
56. PETER Henry : " Réaménagement intégral de la réglementation en matière de révision ", in Bulletin d'actualités du Centre de droit bancaire et financier, September 7, 2004, www.unige.ch/droit/cdbf/detail_actualites.php3?id_article=241 .
57. PETER Henry : " Restatement des conditions générales de la révocation ", in Jusletter 25 October 2004, http://www.weblaw.ch/jusletter/Artikel.asp?ArticleNr=3478 . Also published in German under the title "Neudefinierung der Grundvoraussetzungen für die Anfechtung ", in ZZZ 2005, pp. 29 to 36.
58 . PETER Henry : "Formes et conséquences juridiques des groupements d'entreprises (consortium) – choisir ou subir ", in Journées suisses du droit de la construction, Fribourg (Institut pour le droit suisse et international de la construction) 2005, pp. 31 to 91.
59. PETER Henry: "LFus: concepts généraux et questions controversées ", in SJ 2005 II, pp. 71 to 103.
60. PETER Henry: "Les nouvelles sources de responsabilité des administrateurs en droit des sociétés ", in Nouvelles responsabilités pour le conseil d'administration, Publication of the Centre d'études bancaires, Bellinzone (Méta-Editions) 2005, pp. 11 to 28.
61. PETER Henry: "Spaghetti-Konzernrecht – Die neue und neuartige Regelung des italienischen Konzernrechts ", in Wirtschaftsrecht zu Beginn des 21. Jahrhunderts, Festschrift für Peter Nobel zum 60. Geburtstag, Bern (Stämpfli) 2005, pp. 251 to 275.
62. PETER Henry: "M&A Transactions: Process and Possible Disputes ", in Arbitration of Merger and Acquisition Disputes, ASA Special Series n° 24, Basel 2005, pp. 1 to 15.
63. PETER Henry, LIEBESKIND Jean-Christophe: "Letters of intent in the M&A context ", in Arbitration of Merger and Acquisition Disputes, ASA Special Series n° 24, Basel 2005, pp. 265 to 280.
64. KAUFMANN-KOHLER Gabrielle, PETER Henry : "The New FIA Anti-Doping Regulations ", in International Sport Law Review 2005, Sweet & Maxwell, London, Pp. 68 to 73. Also published in Jusletter September 5, 2005.
65. PETER Henry : "LFus: un nouveau paradigme ", in Coopération et fusion d'entreprises, Publication CEDIDAC n° 66, Lausanne 2005, pp. 1 to 12. 9
66. PETER Henry : Commentary of the Art. 1, 2, 53 to 68 LFus, 29a LFors and 14 LB, in Henry Peter / Rita Trigo Trindade (Eds), "Commentaire LFus ", Zürich (Schulthess) 2005.
67. PETER Henry: Commentary of the Art. 285 to 292 LP, in Louis Dallèves / Bénédict Foëx / Nicolas Jeandin (Eds.), "Commentaire de la Loi sur la poursuite pour dettes et la faillite ainsi que des articles 166 à 175 de la Loi sur le droit international privé ", Basel (Helbing & Liechtenhahn) 2005.
68 . PETER Henry, PAPARELLI Ivan, FIORAVANTI Andrea : "The Swiss Olympic Disciplinary Board on doping ", in Jusletter February 20, 2006.
69. PETER Henry : "Bankruptcy and Reorganisation Trigger Criteria: From a Retrospective (Balance Sheet) to a Prospective (Cash Flow) Test ", in Henry Peter / Nicolas Jeandin/ Jason Kilborn (Eds.), The Challenges of insolvency law reform in the 21st century – Facilitating investment and recovery to enhance economic growth, Zürich (Schulthess) 2006, pp. 33 to 38.
70. PETER Henry : "Insolvency in a Group of Companies, Substantive and Procedural Consolidation: When and How? ", in Henry Peter / Nicolas Jeandin/ Jason Kilborn (Eds.), The Challenges of insolvency law reform in the 21st century – Facilitating investment and recovery to enhance economic growth, Zürich (Schulthess) 2006, pp. 199 to 212.
71. OBERSON Xavier, PETER Henry, KUSTER Mathias : "Steuerliche Aspekte bei Sanierungsleistungen von Schwestergesellschaften ", in Festschrift für Peter Böckli, Zürich (Schulthess) 2006, pp. 219 to 241.
72. PETER Henry, PEYROT Aude : "L'ajournement de la faillite (article 725a CO) dans la jurisprudence des tribunaux genevois ", in SJ 2006 II, pp. 42 to 90.
73. PETER Henry : " Entreprises de famille: choix de la forme juridique et clauses statutaires ou De la coexistence difficile entre corporate et family governance ", in Les successions dans les entreprises, Publication CEDIDAC n° 69 , Lausanne 2006, pp. 49 to 83.
74. PETER Henry : " Repurchase of Receivables in Securitization Programs ", in Droit des sociétés - Mélanges en l'honneur de Roland Ruedin, Basel (Helbling & Lichtenhahn) 2006, pp. 117 to 124.
75. PETER Henry, SAUERWEIN Nina : " La causalité, talon d’Achille de l’action en responsabilité des administrateurs ", in Journée de la responsabilité civile 2006 - Les causes du dommage, Zurich (Schulthess) 2007, pp. 145 to 178.
76. TRIGO TRINDADE Rita, PETER Henry, GRIESSEN COTTI Annie : "La loi sur la fusion en application" , AJP/PJA 2008, pp. 55 to 71. 10
77. PETER Henry : "L'avocat administrateur", in Défis de l'avocat au XXIe siècle - Mélanges en l'honneur de Madame le Bâtonnier Dominique Burger, Genève (Slatkine) 2008, pp. 422 to 439.
78. PETER Henry : "La cession du contrôle d'une société est-elle un “cas de préemption” au sens de l'art. 216c al. 1 CO ?", in Mélanges en l’honneur de Pierre Tercier, Zürich (Schulthess) 2008, pp. 367 to 376.
79. PETER Henry: Commentary of article 725a CO; PETER Henry, CAVADINI- BIRCHLER Francesca: Commentary of articles 698 to 725, 726 and 731b CO ; PETER Henry, CAVADINI-BIRCHLER Francesca, DUNAND Olivier : Commentary of articles 727 à 731a CO, in Pierre Tercier / Marc Amstutz (éds), "Code des obligations II ", Basel (Helbing & Liechtenhahn) 2008, pp. 980 to 1276.
80. PETER Henry : " La réforme du régime de la responsabilité des organes selon l'avant-projet du 2 décembre 2005 ", in La révision du droit de la société anonyme, Publication CEDIDAC n° 76, Lausanne 2008, pp. 155 to 181.
81. SCHUBARTH Martin, PETER Henry : "Die Bedeutung der Swissair-Urteile des Bezirksgerichtes Bülach für das Konzernstrafrecht ", in RSDA 2008, pp. 455-464.
82. PETER Henry (ed.) , WILLIS Bryan, KAUFMANN-KOHLER Gabrielle, MCKENZIE Graham, MENIN Henry, TILLET David : " The 32 nd America's Cup Jury and its decisions ", The Hague/London/New York (Wolters Kluwer Law & Business) 2009, 439 pages.
83. PETER Henry : Commentary of articles 213 and 215 to 218 LP, in Daniel Hunkeler "SchKG - Schuldbetreibungs- und Konkursgesetz ", Basel (Helbing & Lichtenhahn) 2009, pp. 857 to 861 and 866 to 881.
84. PETER Henry : “Répartition et délégation des compétences du conseil d’administration : questions ouvertes et controversées ”, in De lege negotiorum, Etudes autour du droit des affaires en l’honneur du professeur François Chaudet, Genève (Slatkine) 2009, pp. 197 to 209.
85. PETER Henry / CAVADINI Francesca : “Les groupes de sociétés sont (parfois) des sociétés simples – une duplique”, in Wirtschaftsrecht in Theorie und Praxis - Festschrift für Roland von Büren, Basel (Helbing Lichtehahn) 2009, pp. 131 to 152.
86. PETER Henry: “ Du polymorphisme du système de contrôle interne ”, in Economie Environnement Ethique – De la responsabilité sociale et sociétale, Liber Amicorum Anne Petitpierre-Sauvain, Zürich (Schulthess) 2009, pp. 305 to 319.
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87. PETER Henry: “La révision en cours du droit de l’assainissement ”, in www.unige.ch/droit/insolvency.html , PowerPoint presentation, Colloquium “Insolvency: quo vadis ?”, Geneva, December 3, 2009.
88. PETER Henry, de WERRA Jacques : “How to Protect Trade Secrets in High Tech Sports ? A Legal Analysis in the light of America’s Cup and Formula One Experiences ”, in Sport et propriété intellectuelle – Sport and Intellectual Property, Zürich (Schulthess) 2010, pp. 79 to 125.
89. PETER Henry : " Redress: a remedy for the limits of traditional remedies ", in ASA Special Series, to be published in 2010.
II. BOOKS AND LAW REVIEWS AS EDITOR
1. PETER Henry (Ed.): "L'action révocatoire dans les groupes de sociétés ", Bâle (Helbing & Lichtenhahn), Thèse 1990, 309 pages.
2. CHAPPUIS Christine, PETER Henry, VON PLANTA Andreas (Eds.), "Responsabilité de l'actionnaire majoritaire ", Publication CEJE, Zürich (Schulthess) 2000, 165 pages.
3. PETER Henry (éd.) , FAIRE John, FOSTER Michael, MANASSE Donald, TOMPKINS David : "Arbitration in the America's Cup – The XXXI America's Cup Arbitration Panel and its Decisions ", The Hague/London/New York (Kluwer) 2003, 265 pages.
4. PETER Henry (Ed.): "Corporate Governance / Gouvernement d'entreprise ", RSDA 1/2004, pp. 1 to 95.
5. PETER Henry (Ed.): "Das Fusionsgesetz / Loi sur la fusion ", RSDA 3/2004, pp. 153 to 304.
6. PETER Henry, TRIGO TRINDADE Rita (Eds.): "Commentaire LFus ", Zürich (Schulthess) 2005, 1401 pages.
7. PETER Henry, JEANDIN Nicolas, KILBORN Jason (Eds.): "The Challenges of insolvency law reform in the 21st century – Facilitating investment and recovery to enhance economic growth ", Zurich (Schulthess) 2006, 616 pages.
8. PETER Henry (Ed.) , WILLIS Bryan, KAUFMANN-KOHLER Gabrielle, MCKENZIE Graham, MENIN Henry, TILLET David : " The 32 nd America's Cup Jury and its decisions ", The Hague/London/New York (Wolters Kluwer Law & Business) 2009, 439 pages.
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9. TRIGO TRINDADE Rita, PETER Henry, BOVET Christian (Eds.): “Economie Environnement Ethique – De la responsabilité sociale et sociétale, Liber Amicorum Anne Petitpierre-Sauvain”, Zürich (Schulthess) 2009, 447 pages.
CHSH
HON.-PROF. DR. IRENE WELSER Parkring 2 1010 Vienna Tel: (+43) 1 514 35-121 Fax: (+43) 1 514 35-37 e-mail: [email protected] www.chsh.at
Irene Welser, partner at CHSH Cerha Hempel Spiegelfeld Hlawati, Partnerschaft von Rechtsanwälten, heads the Contentious Business Department of the firm, a team of 20 lawyers. She is one of the editors of the Austrian Arbitration Yearbook, which is published annually since 2007 as well as one of the co-organizers of the Vienna Arbitration Days. She is listed as an arbitrator in the VIAC arbitrator`s list. Irene Welser is active in International and National Arbitration and Litigation, both as an arbitrator and as parties’ representative. Construction and building law, liability law, contract law, unfair competition, health law, aviation law, energy law, oil and gas law are key areas of her practice. She is also general counsel to corporate clients and so combines her litigation and arbitration skills with a firm understanding of how to avoid disputes. Irene Welser was admitted to the Vienna Bar in 1992 and in 2003 became the youngest Honorary Professor at the University of Vienna, lecturing in business and civil law. Her first main publication, Warranties in Contracts on Works and Services (1989), has become a standard text in this field. She is author and co-author of several further books and publications dealing with contract law, warranty and liability questions as well as arbitration issues, and has published more than 45 articles in Austrian and International law magazines. Her publications regarding arbitration include the following contributions:
-) Best Practices in Arbitration: A Selection of Established and Possible Future Best Practices Klausegger/Klein/Kremslehner/Petsche/Pitkowitz/Power/Welser/Zeiler (Editors): Austrian Arbitration Yearbook 2010, 79 (with Giovanni De Berti) -) Fast Track Arbitration: Just fast or something different in Klausegger/Klein/Kremslehner/Petsche/Pitkowitz/Power/Welser/Zeiler (Editors): Austrian Arbitration Yearbook 2009, 259 (with Christian Klausegger) -) Formality in International Commercial Arbitration – For Better or For Worse? in Klausegger/Klein/Kremslehner/Petsche/Pitkowitz/Power/Welser/Zeiler (Editors.): Austrian Arbitration Yearbook 2008, 221 (with Susanne Wurzer) -) Arbitration in Austria, in: International Commercial Arbitration, 303, Istanbul Chamber of Commerce Publication No 2007/45 -) Pitfalls of competence in Klausegger/Klein/Kremslehner/Petsche/Pitkowitz/Power/ Welser/Zeiler (Editors): Austrian Arbitration Yearbook 2007, 3 -) Vermischte Fragen aus der schiedsgerichtlichen Praxis, in: Festschrift Krejci (2001) 1881 -) Das Schiedsgericht Berlin, ÖJZ 1993, 413. (with Karl Hempel) Irene Welser is an examiner for the Bar Exam at the Vienna Bar and IBA member. She speaks German, English, French and Italian.
Jesús Almoguera
Jesús is head of the corporate department of Ashurst LLP in Madrid and specialises in M&A , private equity , dispute resolution and insolvency .
Prior to joining Ashurst, he was a name partner at Ariño & Almoguera, and a partner at Melchor de las Heras (now CMS Albiñana & Suárez de Lezo). Jesús was also general secretary of Radio Televisión Española (RTVE). He is an adjunct professor of Law at the Pontifical University Comillas-ICADE (Madrid) and during 2007- 08 was a National Fellow and a Visiting Scholar at the Stanford University (Hoover Institution, Stanford Institute for Economic Policy Research-SIEPR, Center for Democracy, Development and the Rule of Law-CDDRL and the Rock Center for Corporate Governance-School of Law).
He is regularly mentioned as "leading individual" in M&A, Corporate, Private Equity, Dispute Resolution and Restructuring & Insolvency by specialised publications.
Jesús is a member of the court of arbitration of the Spanish Chambers of Commerce and of the CIMA court of arbitration, and has served as arbitrator in numerous domestic and international arbitration disputes.
• Universidad Pontificia Comillas, ICADE, Madrid (Degrees in Law and Economics) • Collège d'Europe, Bruges (LLM in Hautes Etudes Européennes)
Biography
JOHN E. BEERBOWER
John E. Beerbower is a partner in Cravath ’s Litigation Department, based in the Firm’s London office.
Mr. Beerbower’s practice is general commercial litigation and arbitration, including a focus on M&A and antitrustantitrust.. He has handled antitrust, contract, intellectual property, bankruptcy, tax, securities, fraud and fiduciary duty cases and has been lead counsel in several large domestic a nd international arbitrations. Some of Mr. Beerbower’s recent litigation and arbitration cclienlientsts have included Her Majesty’s Treasury (the United KingdomKingdom),), Grupo Modelo, McKinsey & Company, Millipore Co., Unilever and the City of New York.
Mr. Beerbower represented Grupo Modelo in three largelarge international arbitrations in 1998, 2006 and 2009, of which two were administered by the International Chamber of CComommercemerce and one by the London Court of International ArbitratioArbitration.n. He recently represented Her Majesty’s Treasury and the governmegovernmenntt of the United Kingdom in an amicus submission to the United States Supreme Court.
In 1996, Mr. Beerbower represented Conrail, Inc., inin connection with the negotiated merger agreement with CSX Corp. andand the subsequent hostile tender by Norfolk Southern CorporCorporation.ation. Following four rounds of trial proceedings and multmultipiplele appeal s, the Conrail shareholders ultimately received a price of $115 per share, 60% higher than the trading level prior to the annoannouncuncementement of the original Conrail–CSX agreement.
CRAVATH, SWAINE & MO ORE LLP
Mr. Beerbower has also provided counsel on agency investigations and inquiries to IBM in its acquisition of Lotus and in its sale of its Global Network assets to AT&T; Unilever in its sale of Best Foods Bakery Products to George Weston; Bristol-Myers Squibb in its acquisition of DuPont Pharmaceuticals Company and in its sale of Clairol to Procter & Gamble; BAE Systems in its acquisition of assets from Lockheed Martin; Marconi plc in the sale of its medical imaging business to Philips; PricewaterhouseCoopers in the sale of its consulting business to IBM; Cemex in its acquisition of Rinker Corporation; and Ineos Group Limited in the merger of its silicas business with PQ Corporation. He has also provided antitrust counseling to Ballard Power Systems, Schering AG, Sappi Ltd. and Royal Dutch Shell.
Mr. Beerbower is a long-standing member of the Association of the Bar of the City of New York, serving on its Committee on Professional and Judicial Ethics from 1988 to 1993. He was Committee Chair from 1990 to 1993. Mr. Beerbower is also a member of the International Bar Association, the London Court of International Arbitration and the Union Internationale des Avocats. He has been recognized by the International Who’s Who of Competition Lawyers and the International Who’s Who of Business Lawyers.
Mr. Beerbower was born in Columbus, Ohio. He received a B.A., summa cum laude , from Amherst College in 1970, where he was elected to Phi Beta Kappa, and a J.D., magna cum laude , from Harvard Law School in 1973. After spending a year as a research student under the Faculty of Economics at the University of Cambridge, he joined Cravath in 1974 and became a partner in 1980.
Mr. Beerbower may be reached by phone at +44-207-453-1070 and by email at [email protected] .
CRAVATH, SWAINE & MO ORE LLP Justin Michaelson Partner Litigation SJ Berwin
T +44 (0)20 7111 2201 E [email protected]
Justin is a Partner in the international arbitration group, part of the litigation and dispute resolution department.
He has considerable experience in major international commercial disputes and has appeared before many international commercial arbitral tribunals both institutional and ad hoc in disputes covering a wide variety of jurisdictions, and sectors, including oil and gas, real estate, manufacturing, metals, telecoms, private equity and major projects.
He regularly acts for clients in the Commercial Court division of the High Court of England and Wales and has extensive experience seeking orders from the Court under the Arbitration Act 1996 and preliminary relief in support of foreign proceedings under the Civil Jurisdiction and Judgments Act 1992. Justin practised at the bar between 1998 and 2000 before joining SJ Berwin as an employed barrister (2000-2002). He was also an associate at Clifford Chance (2002-2004) and Weil Gotshal & Manges (2004-2007). Justin returned as Partner at SJ Berwin in 2007.
Justin was recently instructed to represent a leading private equity firm in a major LCIA arbitration connected also with regulatory investigations in two jurisdictions. Justin was also instructed by the Russian shareholders AAR in their dispute with BP over the joint venture TNK-BP, and was involved in the long-running MegaFon dispute, acting in two arbitrations in Switzerland, as well as actions in Bermuda, the British Virgin Islands, Cyprus and other jurisdictions. Justin’s practice also encompasses major Commercial Court litigation with an international connection. He has recently been instructed on a complex anti-suit injunction matter involving three competing jurisdictions.
Recommended in the International Arbitration section of the Legal 500 2010; also identified as a Leading Expert in The International Who’s Who of Commercial Litigators 2009; and recommended as a Leader in the field of International Arbitration in the Legal Experts Guide 2010. Justin has published a number of articles in legal journals, including the New Law Journal, the Solicitors Journal and Legal Week. He also speaks regularly on arbitration issues, including events by the Chartered Institute of Arbitrators and SJ Berwin’s annual event “Hot Topics in International Arbitration”.
Dr. Karl J. T. Wach Partner
Dr. Karl J. T. Wach has long standing experience in complex litigation and arbitration. His main areas of practice include post-M&A and corporate disputes, liability (banks and financial service providers, D&O, lawyers, tax advisors and auditors), commercial disputes (including international trade, sales and distribution as well as sports marketing), financial and capital markets disputes and cartel damages. Dr. Karl J. T. Wach has extensive experience in domestic and international arbitrations. He also sits as an arbitrator. Dr. Karl J. T. Wach is further recognised for his publications on capital markets law, procedural law, cartel damages as well as post-M&A litigation and arbitration. Among his most recent publications is the book "Tactics in M&A Arbitration" which he co-edited together with Frank Meckes. Before founding WACH + MECKES LLP, Dr. Karl J. T. Wach had been a partner in the litigation department of a large German law firm which he headed for a considerable time. Since 2001 he had been Head of the Munich office and Head of the German Litigation / Arbitration Group of a leading international law firm. Dr. Karl J. T. Wach speaks German and English.
• Law studies at the University of Munich • Admission to the bar 1983 • PhD on futures trading law 1986 • Partner at WACH + MECKES LLP since 2009
Warsaw, May 7, 2010
Curriculum Vitae
Maciej Martyński
Ul. Klaudyny 38 m. 21 01-684 Warszawa 022 392 32 67 Mobile: +22 607 602 912 E-mail: [email protected]
Nationality: Polish
Languages : English, Polish,
Current position
Deputy Director Department of Legal Studies and Analyses, State Treasury Solicitors’ Office
Employment History
2006- present - State Treasury Solicitors’ Office – Department of Legal Studies and Analyses 2003-2006 - The City of Warsaw Mayor’s Office – Legal Department 2000-2003 - Ministry of Treasury – Litigation Department
Education:
Warsaw University Law, Faculty, Doctoral Studies, 2008 – present Warsaw University, Law Faculty, Postgraduate Studies in European Law, 2003 Warsaw University, Law Faculty, 2000
Marina Matousekova Castaldi Mourre & Partners 73, Boulevard Haussmann, 75008 Paris, France Phone: +33 (0)1 40 73 16 40 / Fax : +33 (0)1 40 73 16 44 [email protected]
PROFESSIONAL EXPERIENCE
Jan. 2005 - CASTALDI MOURRE & PARTNERS, Paris, France , Attorney , International Arbitration- Litigation Has been recently appointed Sole Arbitrator by the ICC upon proposal of the French National Committee in a construction dispute opposing a Czech company and a German company. Recently represented a major Italian steel group in an ICC arbitration involving a privatization in a former Eastern European country. Recently represented an Indian corporation in a shareholders’ dispute relating to the operation of a leather plant in India and to the related joint venture agreements. Dealt with the annulment proceedings of ICC awards before French courts. Sat as Secretary of the arbitral tribunal in various ICC arbitrations. Drafted submissions, awards and procedural orders in international arbitrations relating to distribution, telecommunications, investments and various commercial transactions. Represented Anglo-Saxon and Italian companies in various negotiations and mediations as well as in various litigation proceedings before French courts. Participated in the defence of the French representative of a US securities class action against a French multinational seeking to suspend in France a US judgment. Assisted in the drafting of an expert opinion to be submitted to US Courts on the conditions for a French court to recognize a US class action.
Sept. 2001- May 2003 SHEARMAN & STERLING, Paris, France, Attorney , International Arbitration - Litigation Department: Assisted in the preparation of various submissions in international ad hoc and institutional arbitrations relating to, among others, international investments, construction or distribution. Contributed to the pro bono assistance of S&S to the International War Crimes Tribunal for Rwanda by conducting extensive comparative research on common law and civil law procedural rules. Participated in the development of an international arbitration Internet database.
Sept. 1999 - June 2000 Ecole Supérieure Des Industries Du Vêtement and Institut Du Racing Olympique, Paris, France, Private business schools, Legal teaching position : Taught Employment Law, Corporation Law and Contract Law.
PUBLICATIONS, LEGAL ACTIVITIES & MEMBERSHIPS
Publications Co-drafter of the “ Chronicle of Private International Law Applied to Business ” published on a quarterly basis in the International Business Law Journal. Co-drafter of the French version of the Mediation and Arbitration Rules of the International Centre for Dispute Resolution and American Arbitration Association. Author of an article entitled “Would French Courts Enforce U.S. Class Actions Judgments? ” published in Contratto e Impresa/Europa 2006, 651-676. Author of an article entitled “ Private international law answers to the insolvency of cross border groups of companies: comparative analysis of English and French case law ” published in the International Business Law Journal, March 2008, 141.
Conferences Speaker on “ How to draft an arbitration clause ” at the 2 nd forum of the Association Française des Juristes d’Entreprises in Paris in January 2010. Participated as an arbitrator to the 16 th Willem c. Vis International Commercial Arbitration Moot in Vienna in April 2009. Speaker on “ How to optimize costs and time in an international arbitration ” at the 8 th forum of the Association Française des Juristes d’Entreprises in Paris in June 2008. Speaker on “ Cross border insolvencies ” at the 1 st Mediterranean - Middle East Counsel Forum organised by the European Court of Arbitration in Rome in Sept. 2007.
Memberships Member of the International Contracts Working Group. Member of the ICC French Commission on Anti-corruption. Member of the Editorial Committee of the International Business Law Journal. Member of the International Centre for Dispute Resolution, Young & International group. Member of the International Centre for Dispute Resolution’s translation committee.
EDUCATION
2003 - 2004 Northwestern University School of Law , Chicago, IL. LL.M., Honors Northwestern University Fellowship Award
1999 - 2000 Paris Institute of Comparative Law , Paris, France Certificate of English Legal Terminology and Translation Certificate of Italian Legal Terminology and Translation, Honors
1994 - 1999 University of Paris XI , Paris, France D.E.A (Advanced Post Master Diploma) in Contract Law Maîtrise (Master’s degree) in Private International Law
QUALIFICATIONS & INTERESTS
Bar Admissions New York Bar , Febr. 2005. French Bar , Dec. 2001.
Languages French (native speaker), English (fluent), Italian (fluent), Czech (conversational), Russian (basic).
Marvelle Sullivan
Marvelle Sullivan is the Head of Corporate Legal M&A and heads the M&A Practice Group for Novartis. She has been involved in Novartis' key M&A transactions since 2007, including its divestments of the Medical Nutrition and Gerber business units, its purchase of a 77% stake in Alcon from Nestle, as well as its purchases of Speedel, Protez, Corthera, Oriel, Nektar's pulmonary business unit and a majority interest in the Chinese vaccines manufacturer, Zhejiang Tianyuan Bio-Pharmaceutical. Prior to joining Novartis, Ms. Sullivan specialized in capital markets and M&A at the London and New York offices of Allen & Overy LLP. She holds a J.D. from the University of Virginia School of Law, an M.Sc. from the London School of Economics and a B.A. from East Carolina University.
Melanie Poepping is a Director & Senior Counsel who has been with Deutsche Bank since 1999. Melanie has a noteworthy experience in the advisory, management and documentation of debt capital markets transactions for financial institutions, corporates and sovereigns. Melanie has advised on numerous high-profile transactions in the Eurobond-Market including the issuance of subordinated capital. In her current role she is building up with her colleagues the Litigation & Investigation Group for the region Germany, Central and Eastern Europe that manages legal risk arising out of significant litigation and investigation matters and advises on future risk mitigation. Melanie also holds a Master of Business Administration (MBA) from City University London & Ashridge Management Collage.
Murray Rosen QC Partner, Herbert Smith LLP, London Litigation and Arbitration division E [email protected] T +44 20 7466 2262
Murray Rosen QC is Head of Herbert Smith’s Advocacy Unit. Formerly Head of Chambers at 11 Stone Buildings in Lincoln’s Inn, he was appointed Queen's Counsel in 1993 and has consistently been featured in Chambers and Legal 500 as a leading practitioner in commercial litigation, Chancery commercial, civil fraud and sport. He is described as "tactically flawless" and an "excellent advocate” with “considerable experience and a weighty reputation”.
He was appointed a Recorder in 2000 and is a Bencher of Lincoln’s Inn. As well as his eminent practice as an advocate and team leader in commercial disputes, he has acted as arbitrator, tribunal chairman or mediator in a wide variety of commercial disputes and inquiries. He is a Fellow of the Chartered Institute of Arbitrators and a member of the London Court of International Arbitration and the Sports Dispute Resolution Panel.
He has over 25 years' experience in arbitration work and is a contributor to Bernstein's Arbitration Handbook. He was instructed extensively by Herbert Smith whilst at the independent Bar and since joining Herbert Smith as a partner in 2005 he has assisted as lead advocate in a variety of arbitrations, High Court and international litigation.
Recent LCIA and ICC arbitrations include: • buy-out/damages claims in India telecoms JV • breach of warranties on sale of travel businesses in South-East Asia • acquisition and dealings with shares in a former CIS institution • international sale of chemicals by a Russian manufacturer • buy-out claims under a manufacturing joint venture in India • breach of distributorship for medical equipment in Kuwait • termination of an E&P project in Khazakhstan • price claims for aluminium sales in Europe
Other arbitrations and arbitration-related litigation include: • LME – broker/client dispute in relation to long-term metals trading • CIArb – summary dismissal of a Malaysian sales representative • "E… Thrace" – exploration and production agreement, anti-suit injunction • "M…. Telecom" – enforcement of foreign awards, freezing injunctions, public policy • "T…… Aluminium" – confidentiality of arbitration claims
Previously instructed by Herbert Smith in: • Buttes Oil v Hammer - rival oil concessions in territorial waters - Act of State - discovery • Bhimji v Chatwani - termination of joint ventures - attritional injunctions and contempt applications • Macmillan v Bishopsgate - recovering shares wrongfully pledged to banks • SEC v Antar - enforcement of US judgment for disgorgement of proceeds of securities fraud • Simon Engineering v Butte Mining - anti-suit injunction to restrain US claim in respect of an English company flotation • International Fund for Agricultural Development v Jazayeri - pursuing alleged breaches of fiduciary duties by project controller
10/7963144_1 1 • In the matter of Roys Poyiadjis - US authorities seeking repatriation of Isle of Man funds allegedly the proceeds of securities fraud
Other notable cases at the Bar included: • Phillips v Symes - partnership and trust claims in conflicting jurisdictions • Smay v Sachdev - setting aside company proceedings in favour of India • Irvine v Talkport - damages for passing off by false endorsement • Stevenage FC v Football League – declaration as to football club's right to promotion • Mazur Media GmbH - effect of foreign liquidation on assets conversion claim • Middleweek v Collins Stewart - "whistleblower" dispute in financial services industry • Speed Investments v Bambino - banks' battle for control of Formula One companies • Den Norske Bank v Antonatos - freezing and search orders - privilege against self-incrimination
10/7963144_1 2
Dr. Patricia Nacimiento Partner Frankfurt am Main
Practice Experience
Patricia Nacimiento’s main area of practice Bars & Courts is dispute resolution. She is responsible for Rechtsanwältin, 1996 international arbitration within White & Case Education Germany. Her focus lies in disputes in the areas of construction, post M&A as well as Dr. jur., Europa-Institut Saarland, 2005 Second State Exam, Heidelberg, 1995 commercial disputes. Moreover, Dr. First State Exam, Ruprecht-Karls- Nacimiento specializes in investment University Heidelberg, 1993 arbitration where she represents both states University of Rome, Dottoressa and investors. Scienze Politiche, 1989
Practices As a party representative, she has conducted over 60 arbitration Dispute Resolution proceedings under the rules of numerous arbitration institutions – International Arbitration such as ICC, ICSID, CIETAC, DIS LCIA, ICDR, Swiss Chamber of Commerce, Indian Council of Arbitration, Stockholm Chamber of Professional Associations Commerce and the Danish Institution of Arbitration as well as ad hoc ICC Commission on Arbitration ICC Commission on Commercial Law proceedings. and Practice International Law Association – The German government has appointed her in 2007 as one of four working group investment protection arbitrators to the panel of arbitrators at the International Centre for German Institution for Arbitration (DIS) Settlement of Investment Disputes (ICSID). She is also regularly Founding member of DIS40 appointed as an arbitrator and has led numerous international ICC-, Founding member of DIS DIS- and ad hoc arbitration proceedings as a chairperson, sole IberoAmerican arbitrator or party appointed arbitrator. Languages Ms. Nacimiento regularly holds lectures on the topic of dispute German, English, Spanish, French, resolution, arbitration and international trade. She is a lecturer for Italian investment arbitration at the University of Heidelberg and speaker in Citizenship the yearly Summer Academy of the Heidelberg Center for Dispute German Resolution. She is also a lecturer in the MBA program of the University of Mainz. Ms. Nacimiento is a member of the advisory board of the Swiss Arbitration Academy and member of the International Law Association’s working group on investment protection. She is a member of the ICC Commission on Arbitration, its task forces on Expert Guidelines and the New York Convention, the ICC Commission on Commercial Law and Practice. Ms. Nacimiento is also correspondent for Global Arbitration Review. Ms. Nacimiento has been repeatedly recognized for her expertise in Chambers, Who’s Who Legal, and other guides to the profession.
Dr. Patricia Nacimiento Partner Frankfurt am Main
References
. The representation of an Eastern European state against Mittal Steel in an arbitration in which the claims of Mittal Steel of US$ 260 millions were completely dismissed
. The representation of a major German steel company in ICC proceedings relating to a plant in an Arab country
. The representation of a major German steel company in CIETAC proceedings against a Chinese company with place of arbitration in Shanghai
. The representation of a German company in proceedings under the Indian Council of Arbitration against an Indian company with place of arbitration in New Delhi
. Advising an Eastern European government in various disputes brought by investors
. The representation of a major German pharmaceutical company against a major Danish pharmaceutical company
. Representation of a state in commercial, construction and natural resource damage claims before the United Nations Compensation Commission.
Publications . "Dispute resolution under the ICSID Rules", Legal issues in international investments. Ed. Dirk Ehlers, Hans-Michael Wolffgang and Ulrich Jan Schröder. Frankfurt, 2009
. „Arbitration and Mediation“, Joint Venture Handbook. Ed. Thorsten Fett and Christoph Spiering. Heidelberg, 2009
. „Arbitration in Latin America“, Hamburg Treaties on Law of Export. Ed. Hamburg Board of Trade. Hamburg, 2009
. Co-editor, Arbitration in Germany – Law and Practice. Cologne, 2007 (with Karl-Heinz Böckstiegel and Stefan Michael Kröll)
Dr. Patricia Nacimiento Partner Frankfurt am Main
. “Germany”, Practitioner’s Handbook On International Arbitration And Mediation. Chapter III.6. Ed. Rufus von Thulen Rhoades, Daniel M. Kolkey and Richard Chernick. New York, 2nd ed., 2007
. Numerous articles in professional journals dealing with the topics of international commerce, arbitration and international procedural law
Awards and Recognitions . Leading Individuals in Arbitration: Dr. Patricia Nacimiento JUVE 2008/2009
. “Rising to prominence as a leader in the arbitration scene, Patricia Nacimiento acts mainly as counsel in national and international arbitration proceedings, where her first-rate language abilities are highly valued.” Chambers 2008
. “An international star player in arbitration, Patricia Nacimiento earned nothing but praise from peers for her top-notch international experience and visibility. She focuses on Post-M&A and commercial trade matters, and also teaches at the Summer Academy of the Heidelberg Center for Dispute Resolution. Sources outlined her as calm and highly intelligent, and one commentator added: “She never loses her temper and is highly trustworthy.” Chambers Europe 2007
. “Patricia Nacimiento is rapidly becoming one of the leading names in arbitration.” Legal 500, 2007
. “The most talented young arbitrator in the market.” Chambers 2004-2005
Pedro Serret Salvat is the Head of Transactions & Special Projects Department at Adecco Group, a Fortune 500 company and the worldwide leader in HR services. Based in Zurich, Pedro is in charge of providing legal advice on a wide range of issues related to transactional and commercial work, such as M&A, Finance instruments and International Sales Agreements. In addition to this transactional- oriented work, Pedro advices the Adecco Group on management of large litigations and Competition Law compliance. Prior to joining the Adecco Group, Pedro was the International Legal Counsel in charge of M&A at Sogeti Group, a leading ITC company based in Paris and part of Cap Gemini, where his responsibilities included advising all operating entities on strategic business development as well as managing the acquisitions growth. He also served as Head Legal for the Spanish affiliate and Company Secretary. Prior to his in-house experience, Pedro worked as attorney specialized in Competition Law and Commercial law in different law firms in Brussels, Madrid and Barcelona and has represented clients before the European Commission, national authorities in Europe and internationally, as well as conducting litigation in the national courts. He has advised on a variety of international antitrust matters, including structuring and implementation of international mergers, acquisitions and joint ventures, cartel enforcement, single firm conduct and compliance counseling in a range of sectors including retail and manufacturing, media and communications and software. Pedro was honored with a DES in European Law by the IEJE – Université de Liège, Belgium and graduated in Law Studies at Universitat Pompeu Fabra in Barcelona. Pedro speaks English, French, Catalan, Spanish and basic Swedish and is currently learning Mandarin.
Biography
Penny Madden Counsel Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates International Arbitration
Penny Madden is Counsel in Skadden’s International Arbitration Practice in London. She has wide ranging experience in all key aspects of intern ational arbitration and commercial litigation, and particular expertise in shareholder, SPA, telecommunications, financial, international trade and insurance disputes.
She has represented clients in a wide variety of international arbitration proceedings (LCIA, ICC, LMAA, UNCITRAL and ad hoc) both in England and around the world involving various applicable laws. In addition, she has extensive experience of representing and advising European companies registered in the UK and/or the US in the sphere of regulatory and internal investigations, and anti-corruption legislation .
Recent arbitration cases include: • Representing a Russian company in US$3 billion arbitration against a Ukrainian counter-party arising out of a complex M&A transaction. • Represe nting a US investment fund in relation to claims of US$1 billion under a shareholders agreement, including fraud claims, in connection with acquisition of a Russian manufacturing business. • Representing a leading telecoms company in a US$1.7 billion shareholder dispute with its joint venture partner regarding a North African investment. • Representing a Greek businessman in $2 billion misrepresentation and breach of warranty claim brought by an international investment bank in connection with the sale and purchase of a major Greek company • Representing a leading mobile telecommunications company in connection with investment treaty claims (in excess of US$1 billion) against a state, subject to UNCITRAL arbitration. • Representing a US hi-tech company in connection with a multi million dispute subject to ICC arbitration in London arising out of the termination of its joint venture in the Middle East.
She is regularly invited to speak at conferences, and has lectured and written on a wide variety of subje cts including financial disputes in the current economic climate, closing accounts determinations, injunctive relief and governing law and jurisdiction. She has spoken at numerous conferences including LCIA and
WWW.SKADDEN .COM
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Biography ICC events, as well as at the International Bar Association’s ‘Awakening Giant of Anti-Corruption Legislation’ Conference and the C5 Conference on ‘Multi- Jurisdictional Litigation Conference in the Capital Markets Battleground’
Penny is a member of the Financial Services and Markets Legislation City Liaison Group, the Financial Sector of the Arbitration Club and the LCIA.
She was educated at Oxford University and the College of Law, Guildford.
557024.10-London Server 1A MSW - Draft May 10, 2010 - 4:14 PM Walder Wyss & Partners ww&p Attorneys at Law
Philipp Habegger ist Partner in der Gruppe Prozessführung und Schiedsgerichtsbarkeit von ww&p. Er vertritt Parteien in Handelsrechts- streitigkeit vor Gerichten und wirkte in mehr als hundert Schiedsverfahren als Parteivertreter oder Schiedsrichter unter einer Vielzahl von anwendbaren Verfahrens- und Rechtsord- nungen. Philipp Habegger fungiert auf der Schiedsrichterliste verschiedenster Institutionen einschliesslich der Internationalen Handels- kammer und des London Court of International Arbitration. Er ist Lehrbeauftragter an der Uni- versität Zürich für Internationale Schiedsge- richtsbarkeit und Internationales Kaufrecht und war von 2003 bis 2007 Officer des Arbitra- tion-Komitees der International Bar Associa- tion. Zur Zeit amtiert er als Mitglied der Schieds- kommission,welche Schiedsverfahren unter den Swiss Rules of International Arbitration administriert und als Mitglied des Internatio- nalen Schiedsgerichtshofes der Internationalen Handelskammer.
Geboren1964, studierte Philipp Habegger an den Universitäten Zürich (lic.iur.1989, Dr.iur. 1996) und Chicago (LL.M.1994). Er arbeitete Philipp Habegger als Bezirksgerichtssekretär und Anwalt in Zürcher und New Yorker Kanzleien. Partner Dr.iur.,LL.M., Rechtsanwalt/Attorney Philipp Habegger spricht Deutsch, Englisch +41 44 498 95 38; [email protected] und Französisch. Er ist im Anwaltsregister des Kantons Zürich eingetragen. Publikationen >
Philipp Habegger is a partner in the Litigation & Arbitration Team representing parties before state courts and arbitral tribunals in commer- cial disputes. He has acted in more than hun- dred international arbitrations under a variety of applicable arbitration rules and substantive laws both as counsel and arbitrator. He is on the panel of arbitrators of various arbitral insti- tutions including the International Chamber of Commerce and the London Court of Inter- national Arbitration. Philipp Habegger teaches International Arbitration and International Sales at the University of Zurich and served as an officer of the Arbitration Committee of the International Bar Association from 2003 to 2007. He currently is a member of the Arbitra- tion Committee, which ensures the administra- tion of arbitrations under the Swiss Rules of International Arbitration and of the Interna- tional Court of Arbitration of the International Chamber of Commerce.
Born in1964, Philipp Habegger was educated at Zurich University (lic.iur.1989, Dr.iur.1996) and University of Chicago Law School (LL.M.1994). He has working experience as a District Court law clerk and as attorney at Zurich and New York law firms.
Philipp Habegger speaks German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzer- land. 1 Publications > Philipp Habegger
Publikationen / Publications
> “(Keine) Verwirkung des Beschwerderechts Years of International Arbitration at the wegen unterlassener Anfechtung eines Court of International Commercial Arbitra- Teil(end)entscheides?”(Case Note to Supreme tion attached to the Chamber of Commerce Court Decision on Waiver Effect for Failure to and Industry of Romania, Man- Challenge a Partial Award),in:“ASA Bulletin”, galia/Romania1998. The Hague 2010,Vol28 No2. > “Switzerland: Appointment and Challenge > “Auflösung der Aktiengesellschaft – Kom- of Arbitrators”(Ernennung und Ablehnung mentar zu Art.736-751 OR” (Dissolution of von Schiedsrichtern), in:“Newsletter of corporations – commentary on arts.736-751 Committee D (Arbitration and ADR) of the CO), in:“Handkommentar zum Schweizer International Bar Association Section on Privatrecht”, Zurich 2007 [Co-Autor]. Business Law”, London 1997, Vol 2 No 2.
> “Document Production – An Overview of > “Die Auflösung der Aktiengesellschaft aus Swiss Court and Arbitration Practice“ wichtigen Gründen”(Involuntary dissolution (Dokumentenedition – Schweizerische suits in Swiss corporate law), Berne1996. Schieds- und Gerichtspraxis), in:“ICC Inter- national Court of Arbitration Bulletin, 2006 > “The 1995 Rules of the International Com- Special Supplement, Document Production mercial Arbitration Court at the Chamber in International Arbitration“,Paris 2006. of Commerce and Industry of the Russian Federation” (Das Schiedsreglement 1995 > “Swiss Rules of International Arbitration – des Internationalen Schiedsgerichtshofes Commentary” (Internationale Schiedsord- der Industrie- und Handelskammer der nung der Schweizerischen Handelskammern russischen Föderation), in:“Journal of Inter- – Kommentar), Zurich/The Hague 2005 national Arbitration”, Geneva1995, Vol12 [co-editor]. No 4.
> “CaseNoteon DFT 129 III 727: Extension of arbitration agreements to non-signato- ries and requirements of form” (Urteilsbe- sprechung: Erstreckung von Schiedsklauseln auf Nichtunterzeichner und Formerforder- nisse), in: “ASA Bulletin”, The Hague 2004, Vol 22 No 2.
> “Arbitration and Groups of Companies – the Swiss Practice” (Schiedsgerichtsbarkeit und Gruppengesellschaften – die Schweizer Praxis), in:“European Business Organisation Law Review”, The Hague 2002, Vol 3 No 3.
> “Übergang einer Gerichtsstandsverein- barung bei Forderungsabtretung – Bemer- kungen zum Entscheid des Handelsgerichts des Kantons Zürich vom 13.September ww&p Walder Wyss & Partners 2001” (Transfer of a jurisdiction clause by Attorneys at Law assignment – Case note to Zurich Commer- cial Court Decision of 13 September 2001), Walder Wyss & Partners Ltd. in: “ASA Bulletin”, The Hague 2002, Vol 20 Seefeldstrasse 123 No 4. P.O.Box 1236 CH-8034 Zurich > “Challenge of Arbitral Awards in Switzer- Phone + 41 44 498 98 98 land – Ten Years of Practice under the New Fax + 41 44 498 98 99 Act” (Anfechtung von Schiedssprüchen in www.wwp.ch der Schweiz – Zehn Jahre Erfahrung unter dem neuen Recht), Symposium Forty-Five 03 / 2010
Piotr Nowaczyk SALANS Rondo ONZ 1 00 124 Warsaw, Poland Telephone: +48 22 24 25 630 Telefax: +48 22 24 25 242 e mail: [email protected] website: www.salans.com
Citizenship : Polish, born August 25, 1953. Education: Master of laws, Poznań (1976), postgraduate study in business law, Bar Research Center at the Polish Bar Council, Warsaw (1988), Ecole de Formation du Barreau, Paris (1992) Professional admitted as advocate, Poznań (1984); avocat, Paris (1993), advocate, Warsaw (1994), Experience: partner SALANS since 1998, ICC Court member since 2003, UNCITRAL Working Group Arbitration & Conciliation, Polish delegate, President of the Court of Arbitra tion at the Polish Chamber of Commerce (2006 2009).
Areas of Arbitration practice re: construction, FIDIC contracts, foreign investment, oil & gas, Specialization: transfer of technology, IP, energy, international sales, banking, joint venture commer cial contracts, mergers and acquisition, distributorships, licenses, sport, tourism, de fense. Languages: Fluent: Polish, English, French, German, Russian, some Italian. Professional Fellow of Chartered Institute of Arbitrators (FCIArb) and Australian Centre for Inter Association: national Commercial Arbitration; member of: Vienna Center Advisory Board; Cana dian Bar Association; Law Society of England & Wales; IBA Arbitration Committee (Sub Committee on Conflicts of Interest); Member: ASA, CEA, CEPANI, DIS, ICA, ITA, ÖVS, SAA, UIA, expert WIPO, FIDIC independent consultant, dispute board adjudicator; Arbitration Chairman, sole arbitrator, co arbitrator or counsel in over 100 commercial arbitra Experience: tions, handled in English, French, German, Polish and Russian. Arbitration Seats: Austria, Bulgaria, Czech Republic, France, Germany, Hungary, India, Moldova, Poland, Romania, Russia, Switzerland, Ukraine and U.S.A. Rules Applied: AA ICDR, CAC, CACI, CAS, CCIR, CCP, HCCI, IAC, ICAC Kyiv, ICANN, ICC, IHK, LME, MKAC Moscow, NAF, PBA, PCC, PIIT, Swiss Rules, VIAC, WIPO, UNCITRAL and other ad hoc Parties from: Andorra, Armenia, Austria, Belarus, Belgium, British Virgin Islands, Bulgaria, Canada, Cayman Islands, Denmark, Finland, France, Germany, Greece, Hungary, Hong Kong, India, Ireland, Israel, Italy, Kyrgyz Republic, Korea, Luxem bourg, Malaysia, Malta, Moldova, Netherlands, Poland, Portugal, Romania, Russia, Singapore, Sweden, Switzerland, Taiwan, Turkey, Ukraine, U.K., U.S.A. Co-arbitrators from: Austria, Denmark, France, Germany, Greece, Hungary, India, Iran, Israel, Italy, Liechtenstein, Moldova, Poland, Romania, Russia, Serbia, Singa pore, Sweden, Switzerland, Ukraine, U.K., U.S.A.
Warsaw 5044799.4 PIOTR NOWACZYK 2
Laws Applied: Austria, Czech Republic, Florida, France, Germany, Hungary, India, Minnesota, Poland, Russia, Switzerland, Ukraine, USA (American Federal Law). Panels of Vienna Center; WIPO; Polish Chamber of Information Technology and Arbitrators: Telecommunications; Polish Bank Association; Chamber of Commerce of the Kyrgyz Republik; INTA, New York; Australian Centre for International Commercial Arbitration; Tribunal Arbitral du Sport; AAA; ICDR: Deutch Polnische Industrie– und Handelskammer; ICAC, Ukraine; ICAC, Russia, KLRCA, Malaysia; CEPANI; HKIAC; KCAB; Kazakhstan International Arbitrage; SIAC; The Cairo Regional Centre; Dubai International Arbitration Center; UEFA EURO 2008 Ad hoc Division; CIETAC; Teheran Regional Arbitration Centre; major courts of arbitration in Belarus, Bulgaria, Czech Republic, Hungary, Lithuania, Moldova, Poland, Romania, Slovenia. Recognition: “United Nations for a Better World” – Medaille, 1985 Particularly recommended in the field of intellectual property law by Legalease (in the European Legal Experts catalogue, since 2001), highly recommended for dispute resolution by Global Chambers Report, named as leading individual in Practical Law Company Yearbook 2008 and 2009; additionally, recognized by Legalease as an expert in court dispute resolution, mediation and arbitration. Rated “as the best arbitrator and counsel” in Poland by Who’s Who Legal – Commercial Arbitration, 2008 (p. 4, 2nd column). PLC Which Lawyer? listed the name as Leading Individual in Dispute Resolution in 13th edition (2008) and 14th edition (2009). Chambers Global decided on the individual nomination to the list of The World's Leading Lawyers in the field of litigation and arbitration and listed the name in the latest edition of Chambers Legal Directory. Selected to be included in the 2010 edition of Best Lawyers in Poland in the specialty of Arbitration and Mediation. Exclusive winner of the Arbitration category for Poland of the ILO (International Law Office) Client Choice Award 2010. Publications: Founder and first editor of Polish “Biuletyn ArbitraŜowy”, many articles in: American Investor, Biuletyn SIDIR, Businessman.pl, Cammera Comerciale di Venezia, C.H. Beck, Contact International Business Voice, Courier de Varsovie, Dziennik, Gazeta Bankowa, Gazeta Finansowa, Gazeta Polska, Gazeta Prawna, Głos Wielkopolski, Guide to the World’s Leading Experts in Commercial Arbitration, Home & Market, IBL, ICC Bulletin, Jongloed, Juris Publishing, Kaleidoscope, Kurier Warszawski, Международный коммерческий арбитраж, Monitor Prawniczy, Newsweek, Panorama, Puls Biznesu, Romanian Review of Arbitration, Rynki Zagraniczne, Rzeczpospolita, The Wall Street Journal, Toga, Twój Biznes, Warsaw Voice and others. 04/2010
Warsaw 5044799.4 Przemysław Aleksander Schmidt (b. 1962) – Chairman of the Supervisory Board of TRIGON Dom Maklerski S.A., the oldest Polish securities brokerage and investment banking firm. In 1997-2000, he was a Senior Vice President (Business Development), General Counsel and Secretary of @Entertainment Inc., the largest pay-TV company in Central and Eastern Europe and the first NASDAQ –listed company in the region. He was also the President of Wizja TV, its DTH subsidiary. Previously (1995-97), he was a Country Director for Poland of MeesPierson, an investment-banking firm (currently ABN AMRO). He began his career as an attorney with a newly created Warsaw law firm Soltysinski, Kawecki & Szlezak (1990-95), and as an Assistant Professor at the Business Law Department of A. Mickiewicz University (1987-92). Mr. Schmidt gained a summa cum laude Master of Law degree at School of Law, A. Mickiewicz University in Poznan (1987) and attended postgraduate studies at the University of California, Hastings (Fulbright Scholar 1991-92), at Georgetown University, Leiden University and the TMC Asser Institute in the Hague (Asser College Europe). @He is also a member of the Young Presidents’ Organization (YPO), where he served as the Chairman of the European Board (2007-2009). He was a member of the boards of directors of several companies. Currently he is a board member (audit committee) of AmRest SE, Sygnity SA and United Way Poland (Fundacja Wspolna Droga).
Closed more than 50 transactions, with their total value in excess of EUR 10 billion.
Participated in several international arbitration proceedings as an attorney, a party and an expert –witness.
CURRICULUM VITAE
Rafal Morek
PROFESSIONAL 2010-, attorney-at-law, K&L Gates, Warsaw, dispute resolution practice EXPERIENCE: 2010, visiting professor, University of Ottawa 2008-, adjunct professor, University of Warsaw, Faculty of Law; teaching courses on civil and commercial law, negotiation, mediation and arbitration 2008-2010, attorney-at-law, Hogan&Hartson, Warsaw, arbitration and litigation practice 2005, research assistant, Faculty of Law, University of Ottawa 2005, intern, Gowlings, Ottawa 2003-2004, lawyer, Dewey Ballantine 2001-2002, junior lawyer, Hunton&Williams
EDUCATION: 2008, Ph.D., University of Warsaw, “The Role of Mediation in Resolving and Preventing Business Disputes: A Comparative Study” 2005, LL.M. Law and Technology, University of Ottawa 2005, M.A. International Relationships, University of Warsaw 2003, Master of Law, Studies at the Faculty of Law and Administration, University of Warsaw, graduated with honors (summa cum laude)
AWARDS AND 2007, Foundation for Polish Science (Fundacja na rzecz Nauki Polskiej), SCHOLARSHIPS: Scholarship For Young Researchers 2007, Dean’s Award for the Best Doctoral Student at the Faculty of Law and Administration, University of Warsaw 2005-2004, Edward Barry McDougall Memorial Scholarship, 2005, 2nd prize in the competition held by the Court of Arbitration at the Polish Chamber of Commerce (Sad Arbitrazowy przy Krajowej Izbie Gospodarczej) for the research paper relating to arbitration and/or mediation 2004, 1st prize in the Polish national contest of “Business Law Review” (Przeglad Prawa Handlowego) for the best master’s dissertation
MEMBERSHIPS AND 2009-, Secretary of the Polish ADR Board at the Ministry of Justice FUNCTIONS: 2009-, Court of Arbitration at the Polish Chamber of Commerce, entry to the list of arbitrators 2008-, Nomination Committee of the Court of Arbitration at the Polish Confederation of Polish Employers “Lewiatan” 2008-, Editorial Board „ADR: Arbitration and Mediation” Quarterly, published by C.H. Beck Publishing House, Poland 2006-, Co-Founder and Co-Director of Centre of Dispute and Conflict Resolution at the Faculty of Law, University of Warsaw (www.mediacje.wpia.uw.edu.pl) 2003-, Advocacy Bar in Warsaw
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SELECTED 2009, “Mediacja: teoria i praktyka” (Eng.: “Mediation: Theory and PUBLCATIONS: Practice”), Wolters Kluwer, (book, eds. with E. Gmurzyoska), 2009, “Jaki powinien byd mediator? Przekładanie nieprzekładalnego: o wymaganiach wobec mediatorów w ustawie”, a book chapter [in:] L. Mazowiecka (ed.), “Mediacja”, Wolters Kluwer, 2008, “Dyrektywa Parlamentu Europejskiego i Rady 2008/52/EC z 21.5.2008 r. o niektórych aspektach mediacji w sprawach cywilnych i handlowych: nowy etap rozwoju mediacji w Europie”, Kwartalnik ADR: Arbitraż i Mediacja 3/2008, 2008, “Dobrowolnośd mediacji i jej ograniczenia (prawo i praktyka)”, Studia Iuridica, nr 49. Zgoda jako wyraz autonomii woli (2008), 2007, “Interim Measures in Arbitration Law and Practice in Central and Eastern Europe: The Need for Further Harmonization”, a book chapter [in:+ “Interim Measures in International Commercial Arbitration”, Maklu Publishers, Antwerp-Apeldoorn, 2007, “Wyrok sądu polubownego wydany na podstawie ugody stron. Zarys problematyki”, a book chapter [in:+ „Wokół problematyki orzeczeo”, pod red. Ł. Błaszczaka, TNOiK, Toruo, 2007, “O potrzebie popularyzacji nowych koncepcji i metod rozwiązywania sporów”, Palestra 7-8/2007, 2007, “Problemy prawne ‘turystyki kosmicznej’”, Paostwo i Prawo 1/2007, 2006, “The Regulatory Framework for Online Dispute Resolution: A Critical View”, The University of Toledo Law Review, Vol. 38, No. 1, Fall 2006, 2006, “Mediacja i arbitraż. Art. 183[1]-183[15], 1154-1217 KPC. Komentarz” (Eng. “Mediation and Arbitration. Article 183*1+- 183[15], 1154-1217 of the Civil Procedure Code. Commentary”), C.H. Beck (book), 2006, “Czy prawnicy mają obowiązek informowad swoich klientów o metodach polubownego rozwiązywania sporów?”, Biuletyn Arbitrażowy Sądu Arbitrażowego przy Krajowej Izbie Gospodarczej w Warszawie 1/2006, 2005, “Mandatory Sentences of Imprisonment in Common Law Jurisdictions: Some Representative Models”, Ottawa, [coauthored with:] Julian V. Roberts (ed.) i Mihael Cole, 2004, “Uwagi dotyczące ratyfikowania przez Polskę konwencji znoszącej wymóg legalizacji zagranicznych dokumentów urzędowych”, Palestra 11-12/2004, 2004, “ADR w sprawach gospodarczych” (Eng. “ADR for Business Disputes”), C.H. Beck, (book)
SELECTED 2009, Advocacy Skills in International Arbitration Certificate Course, PRESENTATIONS AT International Arbitration and Mediation “Ius et Lex” Institution, CONFERENCES: School of International Arbitration Queen Mary University of London, Warsaw, 5 Jun. 2009, presentation: “Update: Poland related arbitration developments in 2008/9”, 2008, Mediation – A chance or a challenge for the system of justice, University of Gdansk, 18 Jan. 2008, presentation: “The role of mediation in the system of law and justice – history and current trends”, page 2
2007, Interim Measures in International Commercial Arbitration, Association for International Arbitration, Brussels, 5 Oct. 2007, presentation: “Interim Measures in Arbitration Law and Practice in Central and Eastern Europe”, 2007, European Mediation Conference 2007: Europe Goes Mediation!, European Institute for Business Mediation, Wien, 26-28 Sept. 2007, presentation: “’Waiting for the Directive: Recent Developments in Civil and Commercial Mediation Law in Central and Eastern Europe”, 2006, The University of Toledo College of Law International Symposium: “Enhancing Worldwide Understanding through Online Dispute Resolution”, University of Toledo, Ohio, USA, 21-22 Apr. 2006, presentation: Regulation of Online Dispute Resolution: Between Law and Technology, 2005, Law’s Future: Progress and Change, Osgoode Hall Law School, Toronto, 6-7 May 2005, presentation: Cyber-ADR Resolution, 2005, 10th Annual University of British Columbia Interdisciplinary Legal Studies Graduate Student Conference. Rights & Wrongs: Reflections on Global Connectivity, Vancouver, 28-29 Apr. 2005, presentation: Justice Online: Bringing Courts Closer to People?
CONTACT DATA: Emails: [email protected] (University of Warsaw) [email protected] (K&L Gates)
Cell: + 48 511 072 715 Home: +48 22 855 06 42 Office: + 48 22 653 42 88 Fax: +48 22653 42 50
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Short Biography Rudolf Tschäni is a partner in the Zurich office of the Swiss Law firm Lenz & Staehelin. He is regularly appointed as arbitrator in international commercial disputes, particularly in Corporate and M&A as well as Construction and Engineering related matters. Functions include chairman, sole arbitrator, co-arbitrator and counsel. He also acts regularly as an advisor on Corporate and M&A matters. He graduated from the University of Zurich, College of Europe and Harvard Law School, and is admitted to the bar of Zurich and New York. His experience includes cases under the Swiss Rules, and the rules of the ICC, the Swiss American Chamber of Commerce, and the Chamber of Commerce of Germany-Switzerland. He is the author of various articles and books, in particular M&A-Transactions pursuant to Swiss law, Zurich 2003, Public Tender Offers, Zurich/Basle/Geneva 2009, Post-closing Disputes on Representation and Warranties, ASA 2005, and M&A Disputes in Arbitration, Bern 2005.
Prof. Dr. Siegfried H. Elsing, LL.M.
Orrick Hölters & Elsing Immermannstr. 40 40210 Düsseldorf Germany
Tel.: +49 (211) 36787 129 Fax: +49 (211) 36787 175 [email protected] www.orrick.com
Nationality: German
Born: 1950 in Essen, Germany
Education: Universities of Freiburg, Lausanne and Münster First State Law Examination (OLG Hamm), 1974 Doctor of Law, Münster, 1976 Second State Law Examination (Düsseldorf), 1978 Master of Laws, Yale Law School, 1979
Bar Admission: Admitted to the Bar in Germany, 1979 Admitted to the Bar in New York, 1983
Professional Experience: Institute for Labour Law and Business Law at Westfälische Wilhelms-Universität Münster, 1978
Legal practice in Cologne, 1979 – 1981 Legal practice in New York, 1981 – 1982 Legal practice in Düsseldorf (since 1982)
Present Position: Partner, Orrick Hölters & Elsing (1989 – 2008 Hölters & Elsing)
Honorary Professor (Arbitration and International Civil Procedure) Heinrich-Heine-University, Düsseldorf (since 2007)
Professional Associations: ASA; DIS; IAI (Düsseldorf Correspondent), LCIA; IBA (Chair Mediation Committee 2007/2008); DAV (German Bar Association); ABA (American Bar Association); AIJA International Association of Young Lawyers (President 1991).
Page 1/3 OHS EUROPE:550134543.2 1-4385 SEE/C83 Panel of Arbitrations: Arbitration Court attached to the Hungarian Chamber of Commerce and Industry; American Arbitration Association (Board Member since 2009); Kazakhstani International Arbitrage; Vienna International Arbitral Centre, VIAC.
Experience/Concentration: Party-appointed arbitrator, sole arbitrator and chairman in more than 130 ICC, DIS, Stockholm and Vienna Chambers of Commerce, Swiss Rules and ad hoc proceedings (including those under UNCITRAL Rules).
Counsel before international arbitral tribunals (both ad hoc and institutional) in numerous disputes involving inter alia international M&A transactions, investment disputes, energy law issues, financial transactions, licensing, construction contracts, delivery of goods and joint ventures. Representation of private investors and international companies as well as sovereign states and state agencies. Expert witness before both German Courts (US Law matters) and US Courts (German Law matters).
Advising clients on mergers and acquisitions, international construction contracts, loan agreements and other financing agreements, joint ventures, licensing and distributorship agreements.
Publications: US-amerikanisches Handels- und Wirtschaftsrecht (US- Business Law), 2nd edition 1999, Heidelberg
Numerous contributions to law journals and legal periodicals
Languages: German, English, French
Page 2/3 OHS EUROPE:550134543.2 1-4385 SEE/C83 Address: Other offices:
Immermannstr. 40 Kurfürstendamm 185 Friedrichstr. 31 40210 Düsseldorf 10707 Berlin 60323 Frankfurt Tel.: +49 (211) 36 78 70 Tel.: +49 (30) 8 85 74 20 Tel.: +49 (69) 71 58 80 Fax: +49 (211) 36 78 75 00 Fax: +49 (30) 8 85 74 220 Fax: +49 (69) 71 58 85 88 [email protected] [email protected] [email protected]
Further offices in: ASIA | EUROPE | NORTH AMERICA
Beijing, Hong Kong, Shanghai, Taipei, Tokyo, Berlin, Düsseldorf, Frankfurt, London, Milan, Moscow, Paris, Rome, Los Angeles, New York, Orange County, Portland, Sacramento, San Francisco, Seattle, Silicon Valley, Washington DC.
Orrick Herrington & Sutcliffe LLP, a California Limited Liability Partnership, operates as Orrick Hölters & Elsing in Germany.
Page 3/3 OHS EUROPE:550134543.2 1-4385 SEE/C83 Simon Greenberg Tel: +33 1 49 53 28 73 Fax: +33 1 49 53 29 29 [email protected] www.iccarbitration.org
Simon Greenberg is Deputy Secretary General of the ICC International Court of Arbitration where he supervises case-management teams and assists the ICC Court in administering more that 1,350 pending international arbitrations. He is also the Global Chair of ICC’s Young Arbitrators Forum (ICC YAF). He was formerly a Senior Associate with the international arbitration department of Dechert LLP, Paris, and practiced with other firms in Paris and Australia. He has published articles on international arbitration, lectures on international commercial contracts at the Institute of Political Science of Paris (Sciences Po) and lectures international arbitration at the University of Aix-Marseille.
SOPHIE NAPPERT
Arbitrator, 3 Verulam Buildings, Gray’s Inn, London
Sophie is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in London. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm.
Sophie is trained and has practised in both civil law and common law jurisdictions. Sophie is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration. She is commended in the legal directories as ‘ one of the top new-generation arbitrators ’ and was peer-nominated as a co-Moderator of OGEMID, the online discussion forum on issues of international investment law and arbitration.
Areas of expertise include: energy and natural resources, construction, infrastructure, hotel and leisure, telecoms, joint ventures, concession agreements, Russia, Kazakhstan and the Caspian region, the Energy Charter Treaty, investment treaty disputes and disputes against State parties.
Sophie is a regular speaker at conferences and seminars on issues of arbitration and international law. She is also a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law.
Education
• University of London: LL.M. (Masters Degree in Law) with Merit, King's College London .
• McGill University (Canada): Bachelor of Laws (Common Law), (LL.B.), Bachelor of Civil Law (B.C.L.).
• Institute of International and Comparative Law (Magdalen College, Oxford): Diploma in Public International Law.
Tomasz Wardyński
Tomasz Wardyński, CBE, is an adwokat and founding partner of Wardyński & Partners. Tomasz Wardyński specialises in arbitration involving both Polish and international clients. His experience in negotiations regarding large public projects and skills in arbitration proceedings have gained him international recognition. He is an arbitrator at the Court of Arbitration at the Polish Chamber of Commerce as well as the Arbitration Court at the Polish Confederation of Private Employers “Lewiatan”. Tomasz Wardyński has for many years been listed as an arbitrator at the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC). He is a member of the management board of the Polish Arbitration Association. Tomasz Wardyński was one of the first lawyers in Poland to recognise the importance of launching a European Law and Competition Law Practice at Wardyński & Partners, the law firm he co founded. Tomasz Wardyński is a graduate of the Law Faculty at Warsaw University (1970), the College of Europe, Bruges, Belgium (1973) and Institute of European Studies and Law Faculty, University of Strasbourg, France (1974 75). In 1985, he was a visiting scholar at the American Bar Foundation. Tomasz Wardyński has been practicing law since 1979. In 1991 96 he was a member of the Advisory Council on Privatisation to the Prime Minister of Poland. Tomasz Wardyński is a member of the Polish Bar Council and a former chairman of its Foreign Committee (1988 92). Appointed by Queen Elizabeth II as an Honorary Commander of the Civil Division of the Most Excellent Order of the British Empire (2001), Tomasz Wardyński also serves as an honorary legal adviser to her Britannic Majesty's Ambassador in Poland. Tomasz Wardyński is a member of the European Circuit of England and Wales and actively contributes to the International Bar Association and its Legal Practice Division ( LPD).
Vilija Vaitkut÷ Pavan , Partner Head of Dispute Resolution and Transport Practice Group
Attorney at law
Practi ce Areas Tel. +370 5 268 1850 Fax +370 5 212 5591 Litigation, Alternative Dispute Resolution (Arbitration, Mediation) E mail: [email protected] Maritime Law and Road Transport Law, Energy Law (oil, gas, electricity sectors), International Sales, Company Law
Education Experience Related to International Arbitration
Queen Mary & Westfield College, Arbitrator in a dispute between a Lithuanian company and an Italian company according University of London, England, LL.M. in to the Arbitration Rules of the Vilnius Court of Commercial Arbitration (VCCA) Maritime Law (1994) Sole arbitrator in a transport dispute between a Lithuanian company and an Italian Örebro University, Sweden (1992) company according to VCCA Rules Vilnius University, Lithuania, Master's Arbitrator in commercial disputes between Lithuanian and Italian companies according to Degree in Law (1993) VCCA Rules Arbitrator in a commercial dispute between a Lithuanian company and a Kazakhstanian company according to VCCA Rules Languages Arbitrator in a complex construction dispute between the two Latvian companies according to ICC Arbitration Rules Lithuanian, English, Russian, Italian (basic) Sole arbitrator in a commercial dispute (delivery of specific equipment) between a Lithuanian company and a Polish company according to VCCA Rules Arbitrator in a commercial dispute between a Polish company and a Lithuanian company according to VCCA Rules Chair arbitrator in a commercial dispute between a British company and a Lithuanian company according to VCCA Rules Chair arbitrator in a commercial dispute between a British company and an Ukrainian company according to VCCA Rules Representing the Republic of Lithuania in the ICC arbitration case with the shareholder of a Lithuanian company re privatisation of the main Lithuanian oil company Representing a Lithuanian company in an arbitration case with an Estonian company in energy sector according to the Rules of the Finnish Arbitration Institute Representing a Lithuanian company fully owned by a Finnish investor in a multimillion arbitration dispute regarding alleged breach of warranties and representation according to VCCA Rules Representing a Lithuanian company fully owned by one of the biggest international transport companies in an arbitration case regarding logistic services according to VCCA Rules Representing a Swedish company in an arbitration case against the Republic of Lithuania concerning an investment agreement according to the Rules of the Stockholm Chamber of Commerce (SCC) Representing a Lithuanian company in an international arbitration case with a Kazakhstanian company according to the Rules of Arbitration of the Geneva Chamber of Commerce and Industry (CCIG) Representing a Lithuanian company in a multimillion ad hoc arbitration according to the UNCITRAL Arbitration Rules Representing a Lithuanian company owned by a Polish investor in a multimillion value case regarding organization of cargo services according to VCCA Rules Representing a Lithuanian company owned by a Finish investor in a dispute regarding Services Agreement according to VCCA Rules Representing a Lithuanian company owned partially by a German investor in a dispute re Lease Agreement according to SCC Arbitration Rules Representing a joint Lithuanian and Icelandic company in a multimillion value shipping arbitration according to the Rules of the London Court of Commercial Arbitration (LCCA) Representing an English company in a commercial arbitration dispute with a Lithuanian company according to VCCA Rules Representing a Lithuanian company in an arbitration case against a Polish company according to VCCA Rules
Conferences / Seminars
Speaker at the conference Global Financial Crisis: International Arbitration in the Current Economic Climate , topics covered: “Meltdown” or “Credit Crunch” claims, Lithuanian experience; Current enforcement issues: Lithuania , organised by the ICC, LAWIN and White&Case, Vilnius, February 2010 Speaker at the conference Arbitration in the Baltics, topic covered: “Arbitration in the Baltic States” , organized by the Swedish Arbitration Association, Stockholm, April 2009 Moderator at the Arbitration Training: “Pre-Hearing Issues in International Commercial Arbitration”, organized by Lideika, Petrauskas, Valiūnas ir partneriai LAWIN, the International Chamber of Commerce of Lithuania and the Lithuanian Bar Association, March 2009 Speaker at the seminars Arbitration and Business , topic covered: “How to make the arbitration process faster and cheaper” , organized by Vilnius Court of Commercial Arbitration and Lithuanian Chamber of Commerce, Industry and Crafts, Panev÷žys, Šiauliai, Kaunas, Klaip÷da, 2007 2008 Speaker at the seminar organized by the Finnish Arbitration Association, topic covered: “Peculiarities of arbitration in Lithuania” , Helsinki, October 2008
Publications
LAWIN publication Arbitration in the Baltics , 2008 Country Report on International Arbitration in Lithuania in Arbitration Law and Practice in Central and Eastern Europe , by Juris Publishing, Wolf Theiss, 2006 Chapter Enforcing Contracts in Doing Business in [year]: Creating Jobs, by The World Bank, since 2006, reviewed annually Chapter on Dispute Resolution in Lithuania in Winning Legal Strategies for International Litigation , 2005 Chapter on Dispute Resolution in Doing Business with Lithuania , by Lideika, Petrauskas, Valiūnas ir partneriai LAWIN and Lithuanian Development Agency, 2003 Chapter on Arbitration in Doing Business in Lithuania , by The World Bank, 2003
Membership in Professional Societies
Member of the Swedish Arbitration Association, since 2009 Member of the Association of Arbitralwomen, since 2008 Chairwoman of the Commission on Arbitration of the ICC Lithuania, since 2007 Member of the International Court of Arbitration of the ICC, ex officio member of the ICC Commission on Arbitration, since 2006 Member of the Lithuanian Bar, since 1999 President of the Lithuanian Young Bar Association, 1997–2004 Member of the International Road Transport Union (IRU) legal assistance network, since 1997 Recommended arbitrator of the Vilnius Court of Commercial Arbitration, since 1997
Other Professional Activities
Board member of the American Chamber of Commerce Lithuania, since 2008 Member of Vilnius University Law Faculty Alumni Society Council, since 2008
Wendy J. Miles Partner
4 Carlton Gardens, London SW1Y 5AA, United Kingdom [email protected] +44 (0)20 7872 1035 (t) +44 (0)20 7839 3537 (f)
International Arbitration Wendy Miles has been a partner in the firm's Litigation/Controversy Department since 2005. She has been a member of the International Arbitration Practice Group since Litigation/Controversy International Arbitration joining the London office in 1999. International Litigation Practice UK Practice
Education Ms. Miles focuses on international dispute resolution dealing with both private and LLM, First Class Honours, public international law issues. She has acted as advisor and advocate for a number of University of Canterbury, 1998 international companies and states or state parties in arbitration proceedings conducted LLB, University of Canterbury, in various jurisdictions. Ms. Miles regularly acts as counsel in international arbitration 1994 proceedings administered under various international arbitral institutions and rules, BA, University of Canterbury, 1994 including the ICC, LCIA, HKIAC, PCA and UNCITRAL. Bar Admissions England and Wales, Solicitor Ms. Miles also sits as arbitrator in international commercial disputes, often involving Advocate (Higher Rights of Audience) English governing law and situs, between Asian-Pacific and European parties. England and Wales, Solicitor Recent Highlights New Zealand, Barrister and Solicitor Ms. Miles was lead co-counsel for southern Sudan in the Abyei Arbitration. This was a major boundary delimitation proceeding conducted under the auspices of the Permanent Court of Arbitration in The Hague. The proceedings were unprecedented, involving ground-breaking live media coverage via the internet. Southern Sudan prevailed in the majority of its claims and, in January 2010, the Award in the Abyei Arbitration was voted by peers to be the "2009 Arbitration Decision of the Year."
Ms. Miles continues to represent clients in major international commercial arbitration and litigation proceedings in the telecommunications, insurance, construction and energy sectors. She is playing a significant role in the firm's representation of a leading European telecommunications company in a series of proceedings which have included some of the largest arbitrations in ICC history.
She also recently represented an insured in ad hoc arbitration proceedings in a dispute arising out of a major construction project on the South Asian sub-continent and has been involved in several energy-related arbitrations under both ICC and LCIA Rules arising from disputes relating to offshore oil rights.
Professional Activities
Ms. Miles is actively involved in the international arbitration community. She has been a New Zealand member of the ICC Commission on International Arbitration since 2003. In 2008-9 she was country rapportuer for the ICC Task Force of Recognition and Enforcement of Foreign Arbitral Awards. She is a Fellow of the Chartered Institute of
Wendy J. Miles (cont.)
Arbitrators, member of the BIICL Investment Treaty Forum, and member of various professional bodies including the ICC New Zealand International Arbitration Committee, International Law Association, BIICL and IBA.
Ms. Miles is a member of the Executive Committee and faculty for the Foundation for International Advocacy in Arbitration (FIAA), based in Geneva, and regularly teaches the FIAA programme on advocacy in international arbitration. She has also taught and lectured at the University of Geneva (Masters in International Dispute Settlement) and University College of London.
Ms. Miles has been editor and a contributing author to the International Comparative Legal Guide to International Arbitration (Global Legal Group) since 2004. She has published and spoken widely on issues of international arbitration. In her academic work, she retains a special interest in the use of international dispute resolution agreements in intra-state peace negotiations and settlements.
Honors and Awards
Represented successful party in proceedings that resulted in 2009 International Arbitration Award of the Year
Recognized as a top ranking woman in the Global Arbitration Review 's list of the "Top 30 Women in Arbitration"
Recognized as a top ranking lawyer in Global Arbitration Review 's list of 45 leading international arbitration lawyers under 45
Repeatedly ranked among leading international arbitration lawyers since 2003 in Chambers UK Guide to the World's Leading Lawyers , variously described by clients and peers as "cogent and clear on challenging issues" with clients praising her "splendid responsiveness" (2009), noted as having "significant experience and intelligence" and a "diligent work ethic" and described as "a first-class practitioner" (2008), endorsed as having "made a significant impact on those who have seen her in action" (2007) and for her "fantastic and highly efficient manner" (2006) and "strategic thinking and ability to present a range of viewpoints" (2005).
Listed as a leader in the field of international arbitration in Chambers Europe (2008)
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Wendy J. Miles (cont.)
Recognized as a leader in her field in Chambers Global: The World's Leading Lawyers (2006–2007 and 2010)
Recommended in Legal 500 UK for dispute resolution: arbitration (2008- 2010)
Recommended in the PLC Which Lawyer? Handbook for commercial dispute resolution in England and Euromoney Guide to the World's Leading Experts in Commercial Arbitration (2005–2009)
3 YULIA ANDREEVA
PROFESSIONAL BIO
Yulia Andreeva is a member of the litigation department of Debevoise & Plimpton LLP in New York City. Her practice focuses on international dispute settlement, with particular emphasis on disputes involving states, state entities, and international organizations. Ms. Andreeva has appeared as counsel in parallel arbitrations involving a Central Asian government, human rights claims against an African government, investment treaty disputes against certain South American, African and Eastern European governments, litigations concerning privileges and immunities of States and international organizations, a securities litigation involving a large Russian oil company, white- collar investigations, and numerous international commercial arbitrations. She also advised the United Nations in a dispute before the New York courts and the American Arbitration Association in a matter before the U.S. Supreme Court.
Ms. Andreeva joined Debevoise in 2004. From 2001 to 2003, she clerked for the Permanent Court of Arbitration in The Hague, The Netherlands, where she worked on large interstate disputes and international commercial arbitrations.
Ms. Andreeva is an active member of the international law community. Among other things, she is a member of the International Chamber of Commerce Task Force on Arbitration Involving States or State Entities and serves as an observer to the UNCITRAL Working Group II responsible for revising the 1976 UNCITRAL Arbitration Rules. She is a member of the Global Advisory Board of the International Center for Dispute Resolution Young & International since 2007 and a chair of the UNCITRAL sub-committee of the Arbitration Committee of the Association of the Bar of the City of New York.
Ms. Andreeva holds a number of leadership positions within the American Bar Association’s Section of International Law. In particular, she serves as a Vice Chair of the International Corporate Counsel Committee, a Vice Chair of the Russia/Eurasia Committee, and a Vice Chair of the International Courts Committee. In 2006-2007, she also served as a Vice Chair of the Section’s UN and International Institutions Coordinating Committee.
Ms. Andreeva is committed to promoting diversity in the practice of law. She is a founding member and board member of the ArbitralWomen Association, which brings together women practicing and teaching international dispute settlement from all around the world, and a Co-Chair of the Women’s Interest Network of the ABA’s Section of International Law.
Ms. Andreeva is a frequent speaker at conferences and seminars on public international law and dispute settlement. She has authored close to twenty publications in English and Russian, and, between 2001 and 2005, she served as an editor of the Leiden Journal of International Law.
In 2004, Ms. Andreeva graduated with a Master of Laws in International Legal Studies degree from New York University, where she was a Hauser Global Scholar. She has a Master of Laws in Public International Law degree from Leiden University, The Netherlands, in 2001 and a 2000 Specialist in Law (equivalent of J.D.) degree cum laude from the Urals State Law Academy, Russia. She is a Gold Medal winner of three All-Russian legal competitions in private and public international law and several regional competitions in legal studies.