Skip to main content

International Arbitration 2013


Speaker(s): Barry H. Garfinkel, Caline Mouawad, Catherine Amirfar, David Arias, David M. Lindsey, Elliot E. Polebaum, Franco Ferrari, Gerald Aksen, Hilary Heilbron QC, John A.M. Judge, John Fellas, Joseph E. Neuhaus, Karim Hafez, Laurence Shore, Louis Flannery, Luciano Benetti Timm, Mark Hoyle, Martin Gusy, Naoki Iguchi, Oliver J. Armas
Recorded on: Jun. 10, 2013
PLI Program #: 43077


In January 2013, John Judge launched his independent practice as a Resident Arbitrator at Arbitration Place in Toronto, specializing in international arbitration. Prior to that, he enjoyed 35 years of counsel practice as a senior partner at Stikeman Elliott LLP in Toronto. 

Mr. Judge has over ten years of experience in international commercial arbitration as counsel and as arbitrator. He has sat as an arbitrator and as chair on substantial international arbitrations through the International Chamber of Commerce, Paris, the London Court of International Arbitration and the International Centre for Dispute Resolution (the international arm of the American Arbitration Association), as well as ad hoc arbitrations.

He has appeared as counsel before trial and appellate courts, including the Supreme Court of Canada, and also before administrative and arbitral tribunals. He is well versed in all forms of injunctions and pre-emptive interim remedies. As many of his cases have involved international issues, he is adept in coordinating cross-border disputes and effectively dealing with jurisdictional issues. His experience includes shareholder and partnership disputes, corporate and commercial transactions, banking, insolvency, insurance and reinsurance claims, and civil fraud investigations and claims. He has handled a wide variety of technology disputes related to outsourcing, software development, licensing, software implementation and Internet and domain name issues. He has a broad background in real estate and complex construction project disputes, product liability and professional negligence claims.

Peer Recognition

His expertise has been recognized nationally and internationally:

  • Chambers and Partners, 2012 and 2013, ranked in Canada for Dispute Resolution: Arbitration (Band One)
  • International Who's Who of Commercial Arbitration 2012
  • The Canadian Legal Lexpert Directory 2012 as a leading practitioner most frequently recommended in International Commercial Arbitration
  • Who's Who Legal: Canada 2012 for Arbitration as well as for Commercial Litigation and also  Insurance and Reinsurance
  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (2012 and 2013) for International Arbitration
  • The 2012 PLC Which Lawyer? for Dispute Resolution
  • The Best Lawyers in Canada 2013 for Alternative Dispute Resolution and International Arbitration


Mr. Judge is AV® Peer Review Rated according to Martindale-Hubbell (Very High to Pre-eminent), its highest level of professional ranking.


Industry Experience

Mining, Oil and Gas, Energy - disputes involving mining properties (gold, copper, iron ore), mining and milling operations and off take agreements, commercial investment and joint venture agreements involving major and junior mining companies regarding substantial mining projects in Canada, the United States, Latin and South America, Africa and Australia.  Commercial oil and gas disputes involving joint ventures and other commercial agreements including supply, pricing and swap agreements, leases, well operating, facility processing and transportation agreements. Also disputes in relation to power purchase agreements within co-generation projects.

Construction, Engineering, Infrastructure, Real Estate - a wide variety of construction and engineering disputes in relation to complex industrial plants including sophisticated cogeneration and hydro-electric facilities, nuclear facilities, mines and gold milling plants, iron ore mills, paper mills and air separation plants, as well as design and construction of commercial, government and residential buildings and complexes.  Project finance disputes in relation to power generation facilities and real estate development. Acted in a wide variety of real estate development disputes, including joint ventures and partnership, financing and contractor disputes, leasing disputes including rent rates.

Technology and Telecommunications - disputes in relation to software development, licensing, and enterprise implementation; outsourcing; business disputes involving technology and telecommunication companies, shareholders, joint ventures, partnerships, strategic alliances as well as matters relating to privacy, confidentiality, licensing and commercialization of IP, electronic commerce and the internet. 

Insurance and Reinsurance - commercial insurance disputes (including property, D&O, energy, professional liability, product liability, environmental) and general coverage disputes. Also acted in reinsurance and brokerage disputes.

Banking, Investment, M&A - a wide variety of banking, finance and private equity disputes in sophisticated transactions; disputes arising from mergers and acquisition; corporate, shareholder, partnership and joint venture disputes.

Transportation - disputes involving airplane leases, cargo losses with carriers by air, truck and ship, maritime accidents; engineering, design and manufacture of rail and subway cars.


Professional Activities

As an arbitrator, Mr. Judge is a Fellow of the Chartered Institute of Arbitrators (FCIArb); member of London Court of International Arbitration (LCIA); past Vice-President of its North American Users Council(2007-2013); ICC Canada, member of the Executive; member of the Institute for Trans-National Arbitration, Dallas (Advisory Board Member) and member of the Canadian Panel of Arbitrators for the International Chamber of Commerce; Panel Member for the International Centre for Dispute Resolution (international arm of the AAA); Panel Member of the Singapore International Arbitration Centre. He is a founding member of the Arbitration Roundtable of Toronto and the Toronto Commercial Arbitration Society and has become a member by invitation of the London International Arbitration Club. He is also a founding Member of Arbitration Place in Toronto.

 
Mr. Judge is a member of The Advocates' Society (past director 1987-89, 1992); Canadian Bar Association; American Bar Association; International Bar Association; International Technology Law Association and Canadian Information and Technology Law Association. He is a director and past president (2006-2007) of The Sopinka Cup Society, sponsor of the Canadian National Trial Advocacy Moot Competition for law schools; past instructor at the annual Osgoode Hall Intensive Trial Advocacy Program, Toronto.


David Arias is partner in Arias SLP. He is Co-Chair of the IBA Arbitration Committee and President of the Club Español del Arbitraje. He has served as arbitrator and counsel in more than 100 cases in venues across Europe, America and Africa, and he regularly participates in proceedings administered by the main arbitration institutions (ICC, PCA, LCIA, SCC and IACAC, among others).

He also has extensive experience as counsel in complex commercial litigation.

David Arias was the Chairman of the IBA Arbitration Committee’s Subcommittee on Conflicts of Interest, which published the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration. Additionally, he helped draft the 2010 IBA Rules on the Taking of Evidence in International Arbitration.

David Arias is a Professor of Procedural Law and Arbitration. He obtained both his BA in Law, with Honours, and his PhD, also with Honours, from Universidad Complutense de Madrid. He was admitted to the Madrid Bar in 1991. He speaks Spanish, English and French. He also reads and understands Italian and Portuguese.

David Arias is regularly recognised as a Tier 1 litigation and arbitration lawyer and most in-demand arbitrator in leading international legal publications and directories including the Chambers and Partners publications, Chambers Global and Chambers Europe, and the Legal 500.


Elliot E. Polebaum leads Fried Frank's International Arbitration practice group and is chair of the Firm's Washington, DC litigation department. He divides his time between the Washington, DC and Paris offices of the Firm. 

Mr. Polebaum frequently serves as arbitrator in both administered and ad hoc cases, including recent disputes between US and Indian pharmaceutical companies, a Japanese contractor and South American customer, and Canadian and Argentine parties to an acquisition agreement. He has served as co-arbitrator, chairman or sole arbitrator in more than 35 international arbitrations.

He has also appeared as counsel before tribunals throughout the world in approximately 100 cases. Some of his recent arbitrations include representing a European aerospace company in an ICC arbitration in New York arising out of an agreement for the supply of airframe components; US, Danish and Belgian claimants in an ICC arbitration in Paris against German and French respondents arising out of a stock and asset purchase agreement; the international owners of a large industrial project in a Middle Eastern country against an international engineering firm in an UNCITRAL arbitration in London; a French claimant in an UNCITRAL arbitration in Geneva arising out of a joint venture in Turkey with a major Turkish industrial group; a French respondent in an ad hoc arbitration in New York concerning patent disputes relating to avionics equipment; and Turkish claimants in ICC arbitrations in Istanbul, Helsinki and Frankfurt.

Mr. Polebaum has substantial experience, as arbitrator and as counsel, in the aerospace and defense, energy, telecom, pharmaceutical, construction and hospitality sectors.

He is Adjunct Professor of Law at Georgetown University Law Center, where he teaches international arbitration.

Mr. Polebaum is consistently recognized by Chambers USA: America's Leading Lawyers for Business in International Arbitration (National), where he is described as "a lawyer with superb writing skills," "outstanding on his feet," "always meticulously prepared," and "bring[ing] a wealth of experience to the table." He is also consistently recognized by Legal 500 in Litigation: International Arbitration (one of 17 Leading Lawyers in the United States) and recognized by Benchmark: Litigation as a National Star and a Washington, DC Litigation Star.

Prior to joining Fried Frank, Mr. Polebaum served as law clerk to Supreme Court Justice William J. Brennan, Jr. and United States Circuit Judge James L. Oakes.

Mr. Polebaum received his BA from Middlebury College, his MPA from Harvard University, and his JD from The New York University School of Law.


GERALD AKSEN is a full time independent arbitrator and ADR neutral.

He is a retired partner of the former law firm of Thelen Reid & Priest LLP, New York. At Thelen, he headed the firm's arbitration and alternative dispute resolution practice and was the principal litigator for international clients of the firm, representing companies in arbitrations throughout the world. He was a member of the firm and the predecessor firm Reid & Priest LLP from 1981 through 2002, and from 1964 until 1980 was General Counsel of the American Arbitration Association.

Mr. Aksen is co-founder and past-president of the College of Commercial Arbitrators, immediate past vice-chairman of the ICC International Court of Arbitration and a council member of the ICC Institute of World Business Law. He is a member of the New York regional panel of distinguished neutrals of the CPR Institute of Dispute Resolution, the AAA Large Complex Case Panel of Arbitrators and the World Intellectual Property Organization Arbitration Panel. He has also served as vice president of the London Court of International Arbitration, a member of the AAA Board of Directors, a member of the American Bar Association House of Delegates, Chairman of the ABA Section of International Law & Practice, and Chairman of the Ad Hoc Committee on Alternative Dispute Resolution and the Arbitration Committee of the Association of the Bar of the City of New York.  Mr. Aksen is a 1958 graduate of New York University School of Law, where for thirty years he taught commercial and international arbitration as an adjunct professor of law.

He has experience in a broad spectrum of commercial disputes including: accounting audits; banking; construction (power plants and shipbuilding); energy, environment; executive employment; information technology; insurance and reinsurance; international joint ventures; trade, sales and agency; oil and petroleum; patent-license; pharmaceuticals; securities; satellites and telecommunications.

Mr. Aksen has chaired and acted as sole or co-arbitrator under the rules of numerous arbitral institutions, including the AAA, CPR, ICC, LCIA, Japan Commercial Arbitration Association, Stockholm Chamber of Commerce, and National Futures Association, as well as under the United Nations Commission on International Trade Law (UNCITRAL) rules ARIAS Rules, Bermuda Form, and other non-administered rules in over 250 international arbitration cases in 22 different countries. He is also on the panel of arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC), Federal Economic Chamber Arbitral Centre, Vienna, Cairo Regional Centre for International Commercial Arbitration and Arbitration Court of the Hungarian Chamber of Commerce & Industry. He is experienced as a mediator, conciliator, and early neutral evaluator, and has written and lectured extensively on arbitration and alternative dispute resolution. Mr. Aksen is the 2005 recipient of the prestigious ABA Dispute Resolution Section's D'Alemberte/Raven Award and is consistently ranked as one of New York's notable international arbitrators, up to and including 2013, in Chambers Global, Chambers USA and Global Arbitration Review, Commercial Arbitration.


Hilary Heilbron QC is a commercial barrister practising from London and mostly now sits as an international arbitrator having accepted approximately 100 appointments relating to very substantial disputes as party nominated arbitrator, institution appointed, sole arbitrator and chair under the ICC, LCIA, SCC, HKIAC, SIAC and ICDR as well as ad hoc. She does however also still act as counsel in international arbitration and commercial litigation, principally arbitral related. She is currently a member of the LCIA Court, the ICC UK Arbitration and ADR Committee, the International Advisory Committee of the ICDR, a member of the ICCA-ASIL Task Force on Damages in International Arbitration and of the IBA-ICCA Joint Task force on Data Protection in International Arbitration Proceedings. Her experience extends over a wide range of contractual disputes, joint ventures, insurance, international trade and banking and various foreign laws.  She has spoken and written widely on international arbitration and cross-border litigation around the world and is the author of “A Practical Guide to International Arbitration in London”. http://www.brickcourt.co.uk/our-people/profile/hilary-heilbron-qc


John Fellas is a partner in the New York office of Hughes Hubbard & Reed LLP, and co-chair of the Arbitration Practice and co-chair of the International Practice of that firm.

Mr. Fellas has practiced in both the U.S. and England, and as well as being a member of the New York Bar, he is also a Solicitor of the Supreme Court of England and Wales.  He has served as counsel, and as chair, sole arbitrator and co-arbitrator, in arbitrations under the AAA, ICC, LCIA, UNICTRAL, ICDR, SIAC and ad hoc rules.  He also serves on the Mediation Panel of the District Court for the Southern District of New York.  He has also been retained to act as an expert witness on U.S. law in proceedings in other countries.

He has been recognized for his practice in international arbitration by:  Who’s Who Legal – The International Who’s Who Of Business Lawyers; Chambers USA - Guide to America’s Leading Business Lawyers; Chambers Global; The Best Lawyers In America; Euromoney Expert Guides -- Best of the Best USAChambers Global and Chambers USA  have noted that he is “a wonderful lawyer with very thorough legal knowledge,” and that he is “one of the best--his reputation is phenomenal and deserved.”

He has also been recognized for his practice in commercial litigation by:  Who’s Who Legal – The International Who’s Who of Business Lawyers; New York Super Lawyers.

He is co-editor of International Commercial Arbitration in New York (Oxford University Press 2d edition 2016).

He received a B.A. (Hons.) from the University of Durham, England, and both an LL.M. and an S.J.D. from the Harvard Law School.


Laurence Shore is a partner in BonelliErede’s Milan office. He leads the firm’s International Arbitration Focus Team.  Laurence previously practiced law in New York City, London, and Washington, D.C., has been counsel in many international cases, and also sits as an arbitrator. He is a member of the New York, Virginia, and District of Columbia Bars, and is a solicitor of the Senior Courts of England and Wales.  Laurence’s law degree is from Emory University; he earned a Ph.D. in History from Johns Hopkins University.

Laurence has taught international commercial arbitration courses at NYU Law School and the Washington College of Law, American University.  His publications on arbitration issues include (as a co-author), “International Investment Arbitration: Substantive Principles” (OUP, second edition, 2017), a leading text on treaty arbitration.


Louis Flannery is the head of international arbitration. He specialises in arbitration and litigation with a particular emphasis on fraud and/or conflict law issues. Louis is a regular speaker on arbitration and civil fraud at conferences all over the world.  He has extensive experience of international commercial arbitration under the major institutional rules (AAA, ICC, LCIA, UNCITRAL, Stockholm Chamber of Commerce, among others) as well as substantial High Court litigation in England. Louis was named as a leading international arbitration practitioner in "Who's Who Legal: Arbitration Lawyers 2018".  As a practising solicitor advocate, he has undertaken advocacy before international tribunals and courts, including the High Court and Court of Appeal.  Louis has acted or advised in relation to commercial disputes for over 25 years and has been involved in many reported decisions in England.


Martin Gusy combines more than a decade of experience as an international dispute resolution attorney and is the head of GVdZ's Litigation & Arbitration practice, which was the 2010 Corporate Intl Magazine Global Award Winner 'International Arbitration Advisory Firm of the Year in the USA'.

Mr. Gusy's arbitration experience includes legal work in more than 60 international arbitrations as counsel (both investment (ICSID, UNCITRAL) and commercial arbitration (AAA/ICDR, ICC, LCIA, DIS, VIAC, UNCITRAL, ad hoc)) and has served as an arbitrator in 14 international arbitrations.
 
In January 2011, Mr. Gusy was listed as a Leading LAWYER 100 in the field of Dispute Resolution by Lawyer Monthly. Mr. Gusy is a member of the AAA/ICDR Roster of Arbitrators and Mediators, the Chartered Institute of Arbitrators (MCIArb) and co-author of A Guide to the ICDR International Arbitration Rules published by Oxford University Press. Mr. Gusy was a member of the Association of International Petroleum Negotiators (AIPN) Drafting Committee for the revision of the 2002 Model Form International Operating Agreement.

Mr. Gusy started his legal work with Clifford Chance in Frankfurt, Germany in January 2000. Prior to co-founding GVdZ, Mr. Gusy worked in Shearman & Sterling and King & Spalding's international arbitration groups in Paris, France and Houston, Texas as well as in a Wall Street firm in New York. Mr. Gusy holds German law degrees and an LL.M. from Cornell Law School (2002).


Ollie Armas is the Managing Partner of the New York office of Hogan Lovells US LLP and a member of its International Arbitration practice. He has an extensive practice representing foreign and domestic clients in arbitrations before the ICSID, ICC, ICDR/AAA, LCIA, and other arbitral tribunals, as well as before U.S. federal and state courts.

Because Ollie is fluent in Spanish (and can understand Portuguese), he routinely counsels clients on matters involving Latin America. He has acted as a legal expert in certain aspects of U.S. law in foreign proceedings (e.g., Mexico and Peru), and has supervised litigation in almost every country in Latin America. Ollie also routinely serves as an arbitrator on commercial disputes.

Mr. Armas is recognized as a leading arbitration practitioner by Chambers Global, Chambers Latin America, Chambers USA, Global Arbitration Review, the Legal 500, the Latin Lawyer, and other publications and ranking services.

Practices

Litigation and Arbitration

Investigations, White Collar and Fraud

Latin America

Education

J.D., New York University School of Law, 1990

M.P.A., with honors, New York University, Wagner Graduate School of Public Administration, 1987

B.A., with honors, New York University, College of Arts and Sciences, 1986


PROFESSIONAL EXPERIENCE

  • April 2012 - present     Nagashima Ohno & Tsunematsu Tokyo, Japan
  • Partner April 2012 - present

PROFESSIONAL ADMISSIONS

  • 2000 Japan
  • 2006 Passed New York State Bar Examination (not registered)

SELECTIVE CONSTRUCTION AND OTHER DISPUTE RESOLUTION EXPERIENCES

  • Arbitration in Sri Lanka as counsel to a Japanese construction company against a Sri Lankan governmental agent with respect to a road construction/renovation project in Sri Lanka;
  • Arbitration in Vietnam as counsel to a Japanese construction company with respect to a highway construction in Vietnam;
  • Arbitration in Indonesia for a Japanese construction company with respect to an elevated road in Indonesia;
  • Arbitration in Malaysia as counsel to a Japanese construction company with respect to a joint-venture interest transaction in Malaysia;
  • Arbitration in Japan as counsel to a Japanese construction company with respect to a joint-venture dispute for the project in Qatar;
  • Arbitration in Japan as counsel to a Japanese construction company with respect to a joint-venture dispute for the project in Vietnam;
  • Arbitration in Japan as counsel to a Japanese construction company with respect to a supply of construction materials in Vietnam;
  • Arbitration and post-award procedures in Vietnam against a Vietnamese governmental agency as counsel to a Japanese construction company with respect to broadcasting station construction project in Vietnam; and
  • Arbitration and post-award procedures in Taiwan as counsel to a Japanese construction company with respect to an underground railway construction project in Taiwan

SELECTIVE DISPUTE RESOLUTION EXPERIENCES IN NON-CONSTRUCTON FIELDS

  • Arbitration in US as counsel to a Japanese company with respect to a license agreement with a US company;
  • Arbitration in Japan as counsel to a Japanese company with respect to an intellectual property license agreement with an Italian company;
  • Arbitration in Japan as counsel to a Japanese company with respect to a distributorship agreement with a Kuwaiti company;
  • Arbitration in Japan as counsel to a Korean company with respect to a distributorship agreement with a Japanese company;
  • Arbitration in Japan as counsel to a Korean company with respect to a manufacturing agreement with a Japanese company; and
  • Arbitration in Taiwan as counsel to a Taiwanese company with respect to a manufacturing agreement with a Japanese company.


Barry H. Garfinkel is the senior member of Skadden's International Litigation and Arbitration practice. He formerly headed the group. In addition to handling a broad spectrum of U.S. and international litigation and arbitration, Mr. Garfinkel has been in charge of many of the firm’s more significant appeals. He argues matters in federal and state appellate courts. He formerly headed the firm’s U.S. litigation practice.

Mr. Garfinkel has served as lead counsel in international arbitrations for numerous multinational companies (both U.S. and non-U.S. entities), among others. He has appeared in ICC, UNCITRAL, ICSID, LCIA and AAA arbitrations. Mr. Garfinkel also has served as party-nominated arbitrator in ICC, AAA and ad hoc arbitral tribunals and has served as the chairman of tribunals. He has advised numerous firm clients on the preparation of arbitral clauses in international commercial contracts and overall arbitration strategy.

The matters in which he has acted as both counsel and arbitrator are a broad spectrum, including: construction disputes; investment; joint ventures; sales and distribution; insurance; securities law; oil and gas; corporate and commercial; power and energy; and technology issues.

Mr. Garfinkel is listed as “Leading” in the Chambers USA and Global guides, in Euromoney Publications’ Guide, International Who’s Who of Commercial Arbitrators and The Best Lawyers in America. He is a frequent lecturer on AAA and ICC programs, which he also has chaired. He has written on diverse international arbitration topics, which have been published in Mealey’s and in AAA publications. He also has lectured on international arbitration topics at the Second Circuit Judicial Conference.

Bar Admissions
New York

Education
LL.B., Yale University, 1955 (Managing Editor, Yale Law Journal)
B.S.S., College of the City of New York, 1950

Experience
Law Clerk, Hon. Edward Weinfeld, U.S. District Court for the Southern District of New York (1955-1956)


Caline Mouawad is a Partner in King & Spalding's International Arbitration Group, residing in the New York office. Ms. Mouawad concentrates her practice on international arbitration. Her experience includes arbitrations involving claims and disputes in Europe, the CIS, Latin America, North Africa, and the Middle East, relating to public and private international law issues, bilateral investment treaties, breach of contract, financial transactions, and privatization agreements. Ms. Mouawad is involved in complex arbitrations in a variety of sectors including oil and gas, energy, telecommunications, and mining. She has represented clients in cases before the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA), the American Arbitration Association (AAA), and the International Commercial Arbitration Court of the Russian Chamber of Commerce (ICAC), as well as in ad hoc cases under the UNCITRAL Rules. In the 2010 edition of The Global Arbitration Review 100, she was named a "lawyer to know." She was "recommended" by Legal 500: Latin America 2012.

Practice Areas

  • Energy Arbitration
  • Energy & Natural Resources
  • International
  • International Arbitration
  • Latin America

Experience
  • Representing a U.S. oil company in an UNCITRAL arbitration brought under the U.S.-Ecuador bilateral investment treaty concerning a dispute over the implementation of environmental remediation agreements
  • Representing Dutch investors in an ICSID arbitration brought under the Netherlands-Bulgaria bilateral investment concerning a dispute over the termination of waste management concession agreements
  • Representing a U.S. company in a dispute brought under the U.S.-Peru trade promotion agreement concerning a mineral mining project
  • Representing independent oil companies as claimants in an UNCITRAL arbitration against a State-owned oil company concerning the alleged breach of stabilization provisions in a production sharing contract and the collection of windfall profits tax
  • Representing an African State in an ICSID arbitration brought by a European investor concerning a disputed license for a mobile phone operator
  • Representing a French global media and communications company before an LCIA tribunal considering claims of breach of a shareholders' agreement in connection with a telecommunications joint venture in Central Europe
  • Representing a Dutch oil and gas investor in an ICSID arbitration against an Eastern European country for breach of bilateral investment treaty obligations
  • Representing two Turkish companies in an ICSID arbitration against a CIS country for expropriation and breach of bilateral investment treaty obligations in connection with the investor's rights in a telecommunications company
  • Representing a German process technology group in an ICSID arbitration against a CIS country for breach of bilateral investment treaty obligations
  • Representing a European subsidiary of a U.S. diversified power management company in an ICC dispute concerning a patent license agreement
  • Representing a Central European government in an ad hoc bilateral investment treaty arbitration brought by a foreign investor concerning the privatization of an insurance company
  • Representing a U.S. commodities trading and resources conglomerate in an ICAC arbitration against a CIS state-owned entity for breach of guarantee


Admitted to Practice
  • New York
  • Paris (inactive)

Education
  • J.D., Harvard Law School
  • B.A., summa cum laude, Phi Beta Kappa, Rice University


Catherine Amirfar is a litigation partner based in New York in Debevoise & Plimpton LLP’s International Dispute Resolution Group. Her practice focuses on international commercial and treaty arbitration, and international and complex commercial litigation. She routinely acts as counsel in arbitration cases arising under the rules of the major arbitral institutions, and in a wide variety of subjects, including investment treaties, gas and energy and financial industry sectors. Her recent representations include disputes involving Brazil and disputes arising under bilateral investment treaties in Europe and East Asia. Ms. Amirfar also has acted as counsel in transnational commercial litigation in U.S. courts, with a focus on international disputes and intellectual property.

Based on surveys of other practitioners, Ms. Amirfar is ranked among the leading international arbitration practitioners by Chambers Global (2012), which describes her as a “highly regarded young international lawyer,” and by Chambers USA (2010), which said that she is “viewed as ‘an emerging star in international arbitration’,” and “plays a key role” in the firm’s public international law practice. She is described in the Legal 500 US (2011) as “highly regarded by clients and peers alike,” in Chambers Latin America (2013) as “one of the leading figures of the next generation” and in Legal 500 Latin America as being “very hands on,” and “always pay[ing] great attention to the client.” Chambers Latin America noted that she “impresses” with her “natural, educated and sophisticated arguments.” She was also selected as a “Future Star” in Benchmark Litigation (2012, 2013).

In 2011, Ms. Amirfar was recognized by the Global Arbitration Review in its “45 under 45,” a selection of the 45 leading figures of the international arbitration bar under the age of 45.

Ms. Amirfar joined the firm in 2002 and became a partner in 2008. From 2000 to 2002, she clerked for the Hon. D.A. Batts, Federal Judge, Southern District of New York. Ms. Amirfar received a J.D. cum laude from New York University Law School in 2000, where she was a Root-Tilden-Snow scholar. She served as an Editor for the NYU Law Review and was awarded top honors in the NYU Orison S. Marden Moot Court Competition. She received a B.A, with honors, from Stanford University in 1995.

Ms. Amirfar is the author or co-author of several publications, including: “The Current Status of NAFTA Chapter 11 Arbitration” in New York International Law Review (Winter 2007), “How Summary Adjudication Can Promote Fairness and Efficiency in International Arbitration,” in International Bar Association Arbitration Newsletter, September 2010, “Obtaining Evidence for Use in International Arbitrations Through United States Courts,” in Global Arbitration Review (2011), and “Current Challenges to Consumer Arbitration in the United States: Much Ado About Nothing for International Arbitration?” in The Arbitration Review of the Americas 2012. She is currently authoring, with Donald Donovan, a book to be published by Cambridge University Press entitled From the World Court to the United States Supreme Court: The Vienna Convention Litigation and Its Impact on International Law. She is a frequent lecturer on international law and has guest lectured at Yale Law School, NYU Law, Washington University in St. Louis Law School, and Seton Hall Law School. Ms. Amirfar has served on the Executive Committee of the American Society of International Law (ASIL) (2009 – 2012) and was a member of the Council on Foreign Relations. She currently serves on the Executive Council of the American Branch of the International Law Association (ILA), as a director and Chair of the Program Committee for the New York International Arbitration Center (NYIAC), and the Steering Committee of the Young Arbitrators Forum. She was recently elected as a Vice President of the ILA American Branch.


David Lindsey has practiced law for 22 years and is a founding partner of Chaffetz Lindsey LLP. David represents plaintiff and defendant multinational companies in cross border disputes most often decided by international arbitration tribunals under the rules of the ICDR, the ICC, the LCIA, and other top international arbitral institutions. David also has an active U.S. litigation practice in New York federal and state courts, and he has tried cases in the Florida courts. He is licensed to practice in New York, Florida, and the District of Columbia. His clients are leaders in the power, oil and gas, engineering, manufacturing, automotive sales, franchising, licensing, and pharmaceutical industries, and David has represented them in arbitrations or court proceedings in North and South America, Europe, and Asia.

David also acts both for and against foreign sovereigns concerning, among other things, expropriation of a foreign party’s investments, fair and equitable treatment under public international law, breach of a sovereign’s obligations under treaty instruments, breach of contract, determination of applicable law, U.S. racketeering laws, and the U.S. Foreign Sovereign Immunities Act. He represents private companies suing sovereigns, but also represents foreign sovereigns, their political subdivisions, agencies, and instrumentalities in U.S. courts in matters arising from enforcement of U.S. trade sanctions. was voted by readers of Global Arbitration Review as one of the world’s top 45 arbitrators under 45 and is listed as a leader in his field by the global, U.S.A. and Latin American editions of Chambers, The Best Lawyers in America, Super Lawyers, The International Who’s Who of Business Lawyers, The International Who’s Who of Commercial Arbitration, Benchmark, The Definitive Guide to America’s Leading Litigation Firms and Attorneys, and Practical Law Company’s “Which Lawyer?”. He was co-editor International Arbitration in Latin America (Kluwer) (2d edition due 2011). He recently co-authored the applicable law chapter in the forthcoming book, International Arbitration in New York, Carter, Fellas, eds. David is co-chair of the Dispute Resolution Interest Group of the American Society of International Law and is a member of the International Dispute Resolution Committee of the New York City Bar and the International Arbitration Task Force of the New York State Bar Association.

Before Chaffetz Lindsey, David was partner and head of the Clifford Chance international arbitration practice group for the Americas from 1999 to 2009. He started his legal career at the leading Miami law firm Steel Hector & Davis in 1987, made partner there in 1995, and left for Clifford Chance in New York in 1999. In the late 1990s, David opened Steel Hector’s London office and he lived in England at various times from 1994 to 1999. David obtained his JD with honors from Florida State University College of Law in 1988 and obtained his BA with honors from The University of Texas at Austin in 1985. He is a native of Tallahassee, Florida. He has no children, but is devoted to his beloved adopted daughter Ella, a Hungarian Vizsla.


Dr Mark Hoyle is a partner in the international arbitration group, part of the litigation and dispute resolution department in Dubai.

A specialist in Arab and Islamic laws, Dr Hoyle has more than 25 years’ experience of expert advisory work in the laws of Egypt and other Arab and Islamic jurisdictions, including the UAE, Iraq, Kuwait and Afghanistan, and blends his expertise into his commercial dispute resolution practice. He sits as an arbitrator and a mediator, and as a Crown Court and Civil Recorder. He is the editor and co-founder of the Arab Law Quarterly and a visiting professor at the University of Leeds.

A respected advocate and adviser on all forms of dispute resolution, Dr. Hoyle’s prominent cases include:

  • The Kuwait Oil tanker litigation, on which he served as global counsel leading a team that assisted in the recovery of more than £85 million
  • Leading for two defendants in the Abu Dhabi Investment Company case in 2006 concerning a $400 million joint venture shipping line
  • The Consolidated Contractors litigation over income from the Masala Oil Field in Yemen
  • Acting for the Iraqi Ministry of Trade in a complex and novel case in the Commercial Court concerning the carriage of grain for public distribution
  • Construction arbitration cases in Dubai, including the largest arbitration dispute in the region, and major property and trade arbitrations
  • Acting as lead advocate in banking cases in the DIFC Court and Court of Appeal in Dubai, and in the QFC Court in Doha

 
Mark is a member of the Commercial Bar Association (COMBAR)

 A 5th. Edition of his book Freezing & Search Orders (Informa/Lloyds of London Press) is underway.


Joe Neuhaus joined Sullivan & Cromwell LLP in 1987 and became a partner in 1992. His  practice is focused on international commercial litigation in both arbitral and court settings, with particular emphasis on Latin American matters. He is coordinator of Sullivan & Cromwell LLP's arbitration practice and has served as counsel and arbitrator in numerous arbitral proceedings, including ad hoc proceedings, arbitrations administered by the International Chamber of Commerce and the American Arbitration Association and arbitrations involving sovereign entities. He also has served as counsel in a variety of arbitration-related disputes in court, as well as other commercial litigation and regulatory investigations.

Biographical Information

  • Sullivan & Cromwell LLP, New York, N.Y., 1987-present (partner since 1992; Arbitration Practice Coordinator).
  • Covington & Burling, Washington, D.C., 1986-1987.
  • Law Clerk to Hon. Lewis F. Powell, Jr., United States Supreme Court, 1983-1984.
  • Law Clerk to Hon. Carl McGowan, United States Court of Appeals for the District of Columbia Circuit, 1982-1983.
  • Law Clerk to Howard M. Holtzmann, Iran-United States Claims Tribunal, 1984-1985.

Education

J.D. Columbia Law School, 1982.

  • Editor-in-Chief, Columbia Law Review.
  • Parker Program in International and Foreign Law, Certificate of Achievement with Honors, 1982.

B.A. Dartmouth College, 1979.

  • Languages: reading knowledge of Spanish, some Russian.

Recent Recognitions
  • Selected as a leading practitioner in international arbitration by The Global Guide to the Legal Profession, 1999-2000, Chambers Global: The World's Leading Lawyers for Business, 2001-2005, 2007-2011, and Chambers USA: America's Leading Lawyers for Business, 2004-2012, published by Chambers & Partners.
  • Selected for inclusion in The International Who's Who of Commercial Arbitration, 2007-2011, published by the Global Arbitration Review and in New York Super Lawyers, 2006-2012, in Alternative Dispute Resolution.
  • Recognized as a star in litigation (New York) and international arbitration (National) in Benchmark: America's Leading Litigation Firms and Attorneys, 2008-2013 (Euromoney).
  • Recognized by US Legal 500 as a recommended lawyer for international arbitration, 2007-2012, including as a top-ranked "Leading Lawyer" in 2011 and 2012.
  • Recognized by The Best Lawyers in America as a leading lawyer for international arbitration, 2006-2013


Luciano Benetti Timm has undertaken Post-Doctorate studies at the University of California - Berkeley in the fields of international and comparative law. He holds a Doctor of Laws degree in the field of Business and Regional Integration Law from the Federal University of Rio Grande do Sul (UFRGS), having developed part of his credits and research in the University of Sao Paulo (USP). He has concluded his Master of Laws (LLM) in International Law from the University of Warwick (UK) and masters in Private Law from the Federal University of Rio Grande do Sul (UFRGS). He has finished courses in the Economics School of UFRGS. He is a lecturer at PUCRS and UNISINOS University, lecturing in Private International Law and Contracts. He is a regular guest lecturer in the post-graduate studies courses at the University of Sao Paulo (USP), Federal University of Rio Grande do Sul (UFRGS) and the Superior Judges' School of the State of Rio Grande do Sul.

Mr. Timm has over fifteen years of experience, having commenced his professional career as Secretary of a Justice in the State Court of Rio Grande do Sul, from where he moved on to join the Law firm Cristóvão Colombo, Uhlmann, Matheus and Miller Advogados in São Paulo, in the firm's Property and Construction section. Then he joined Sobral, Castro and Barros Advogados, working with the firm's civil department. Later, he joined Machado, Meyer, Sendacz and Opice Advogados, in São Paulo and Porto Alegre, where he was responsible for the litigation department. He is currently working on projects related to financial instruments, structuring of securities, real estate transactions, complex commercial contracts and legal opinions on competition and civil law and arbitration.

Voted one of the 17 most admired lawyers in the country in the area of Commercial Contracts and the sub-areas of Machinery and Equipment and Pulp and Paper, according to research from the Análise Magazine in 2011.

He is currently Director of the Brazilian Arbitration Committee (CBAr) and member of the Special Committee on Arbitration of the Rio Grande do Sul Section of the Brazilian Bar Association.

Mr. Timm was the President of the Legislation Committee of Amcham/RS and the Brazilian Association of Law and Economics (ABDE). Has acted as researcher for the National Justice Counsel in 20120 in a work regarding the Brazilian judiciary system and for the Ministry of Justice in 2009 in a research on Corporate Registration in Brazil. He was also a Visiting Professor at the Law School of Sciences Politiques in Paris, 2011.

He was the coordinator of “Company Law and Contracts” (IOB Thompson, 2004), “Law and Economics in Brazil” (Atlas, 2011) and “Studies on Public-Private Partnerships” (IOB Thompson, 2006), as well as the author of “Provision of Services” (Forense, 2006), “The New Brazilian Contracts Law” (Forense, 2008), among others, and several articles published in national legal journals. He had his master's thesis published in the renowned Computer and Telecommunications Law Review (England, 1999). He was granted a scholarship from the British Council and the National Council for Research and Post-Graduate Studies (CNPq).

He is fluent in English and Portuguese, and possesses a working knowledge of French, Spanish and Italian.


Recognition


Análise Advocacia2012 - One of the three most admired attorneys in Brazil, cited in the áreas of commercial contracts, dispute resolution and import/export.

Chambers and Partners: Latin America 2012 - Ranked in “band 1” for corporate/commercial law in South Brazil and was described as “a corporate specialist who earns praise for his brilliant client service and business acumen”

Legal 500: Latin America 2012 –Recommended attorney in the field of Corporate Law/M&A receiving praise as an “extremely solid and competent professional”.


PROFESSIONAL & ACADEMIC EXPERIENCE

Dr. Hafez is a full-time international arbitration lawyer. He is the Senior Partner of Hafez, working out of the Cairo office.

Dr. Hafez regularly acts as chairman, sole, and party-appointed arbitrator in disputes spanning the economic spectrum. As counsel, he is instructed by states, state-owned entities, private investors and corporations, and has prosecuted, defended, and advised on scores of large-value complex arbitrations in most industries, with an emphasis on telecom, investment, construction, project finance, power generation, oil and gas, and corporate disputes.

Dr. Hafez has handled cases under most major arbitration rules, including the rules of the International Centre for the Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the American Arbitration Association (AAA), the International Centre for Dispute Resolution (ICDR), the Dubai International Arbitration Center (DIAC), the Arbitration Centre of the Dubai International Financial Centre (DIFC), the London Maritime March 2013 00124130v1 2 | 2 Arbitration Association (LMAA), the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the Lebanese Centre of International Commercial Arbitration (LAC), and the Permanent Court of Arbitration (PCA), and the arbitration rules of United Nations Commission on International Trade Law (UNCITRAL). A sample list of his recent caseload is appended.

PROFESSIONAL RECOGNITION

Dr. Hafez is regularly recognized in industry publications as a leading international arbitration lawyer. He has received recognition in Who’s Who of International Arbitration. Legal 500 says “Karim Hafez is one of the most knowledgeable and skilled lawyers around….. his grasp of the law and strategies are second-to-none” (2013); it also says “Hafez is widely acknowledged as the pre-eminent arbitration practice in many sectors, as is Karim Hafez personally as an arbitrator and counsel of international standard”(2012); it also calls him “The outstanding arbitrator of the younger generation”(2010), “a very, very good lawyer”(2009), “universally acknowledged to be one of the country's rising stars in arbitration”(2007), and says he “has a ‘superlative’ reputation: both as counsel and as arbitrator”. Chambers and Partners says “he has been going like a rocket – he is a bright and up-and-coming force in arbitration who will one day get to the top”, and “ a brilliant guy – English-educated, very precise, knowledgeable, well spoken and generally impressive” (2012).

PROFFESSIONAL ASSOCATIONS & PANEL MEMBERSHIP

Dr. Hafez is a member of the London Court of International Arbitration (London); member of the Board of Trustees of the Dubai International Arbitration Center (Dubai); member of the Advisory Committee of the Cairo Regional Center for International Commercial Arbitration (Cairo); member of the Comité Français de l’Arbitrage; member of the Distinguished Panel of Neutrals of International Center for Dispute Resolution (New York/Dublin); member of the editorial board of the Global Arbitration Review (London); board member of the Arab Intellectual Property Mediation and Arbitration Society (Amman); coordinator of the Egyptian Arbitration Forum (Cairo); fellow of the Chartered Institute of Arbitrators (London); and former member of the Court of Sport Arbitration (Lausanne); and former Vice President of the Arbitration Court of International Arbitration Arab User Council (London).

EDUCATION

Dr. Hafez was educated in Cairo, Cambridge, and Harvard. His PhD, from Cambridge University, is for a dissertation entitled ‘Complex Arbitration.’

LANGUAGES

Dr. Hafez handles cases in Arabic, English and French.


Professor Franco Ferrari is a member of the full-time faculty of NYU School of Law as well as chaired professor of international law at Verona University School of Law (on leave). Previously, he was chaired professor of comparative law at Tilburg University in the Netherlands and Bologna University in Italy. After serving as member of the Italian Delegation to various sessions of the United Nations Commission on International Trade Law (UNCITRAL) from 1995 to 2000, he served as Legal Officer at the United Nations Office of Legal Affairs, International Trade Law Branch (2000-2002). Professor Ferrari has published more than 260 law review articles in various languages and 15 books in the areas of international commercial law, conflict of laws, comparative law and international commercial arbitration. Professor Ferrari is a member of the editorial board of various peer reviewed European law journals (Internationales Handelsrecht, European Review of Private Law, Contratto e impresa/Europa). Prof. Ferrari also acts as an arbitrator both in administered and ad hoc international commercial arbitrations and, most recently, also in an investment arbitration.