About the Editors
Devin Bray is an international arbitration counsel, OAS Academic Scholarship and SSHRC Doctoral Fellowship recipient, and a SJD Candidate in the International Trade & Business Law Program at the University of Arizona. Mr. Bray is a Barrister and Solicitor of the Law Society of Upper Canada.
Heather L. Bray is a PhD Researcher at the Max Planck Institute for Comparative Public Law and International Law for the Lex Mercatoria Publica Project. She is an international arbitration counsel and a SJD Candidate in the International Trade and Business Law Program at the University of Arizona. Ms. Bray is a Barrister and Solicitor of the Law Society of Upper Canada.
About the Authors
Elie Kleiman, born in 1963, is admitted as an Avocat à la cour in France and qualified as a Foreign Legal Consultant in the State of New York.
He joined Freshfields Bruckhaus Deringer LLP's dispute resolution group in August 2000 as partner of the litigation and arbitration groups and is now managing partner of the Paris office. He specialises in international commercial arbitration and litigation. He has intervened in disputes involving investment, trade, joint ventures, long-term contracts, representation and warranties, licensing, distribution and construction in a wide range of sectors such as aeronautics, energy and natural resources, chemicals, infrastructure and transport, financial institutions, telecommunications, pharmaceuticals, media and technology. His arbitration practice also includes accelerated proceedings in conjunction with court proceedings, in a variety of areas. He also has experience as an arbitrator in international and domestic commercial disputes and as
counsel in mediations. Elie often speaks at seminars and conferences on arbitration and litigation and teaches at the Université de Paris. He has also published widely in the field of international dispute resolution. He has been recognized by, among others, Who's Who Legal in Commercial Arbitration and Chambers Global. Elie Kleiman graduated from Universités de Paris X and II--Panthéon-Assas with an undergraduate degree in private law and a post-graduate degree in private international
law. A native French speaker, he is also fluent in English.
Finn Madsen has a LL.B (Swe: jur kand) in 1980 and a LL.D. (Swe: Juris Doctor honoris causa) in 2011 from Lund University, Sweden for his contribution to International Arbitration Law. Mr. Madsen is the author of Commercial Arbitration in Sweden, published by Oxford University Press (3rd edition), 2007 and in Mandarin by Law Press China 2008. Mr. Madsen has held a number of positions, including Service in Swedish District Courts and Court of Appeal (1980 - 1986) and the Head
of Legal Department, Gota Bank, Southern Region (1992 - 1993), and Advokatfirman Vinge KB (1993 - 1995), of which he has been a partner since 1995. Mr. Madsen is also admitted to CIETAC's list of arbitrators, a Fellow of the Chartered Institute of Arbitrators, a Swedish member of International Chamber of Commerce (ICC) network of lawyers (FraudNet) specialising in asset tracking and recovery and Chairman of the Arbitration Association of Southern Sweden 2008 to 2011. Mr. Madsen is referred to in a number of Law Directories and he has acted as counsel in numerous domestic arbitrations, co-arbitrator for domestic arbitral tribunals in numerous cases, Chairperson in numerous domestic arbitrations, Sole Arbitrator appointed by the Arbitral Council of the Chamber of Commerce and Industry of Southern Sweden and by the
Institute of the Stockholm Chamber of Commerce (SCC), and Chairperson appointed by the SCC. He has also acted as counsel and coarbitrator in a number of cases under the ICC, the SCC, The Danish Institute of Arbitration and the UNCITRAL Rules, appointed Sole Arbitrator by the ICC International Court of Arbitration, Paris and
appointed Sole Arbitrator and chairperson by the SCC. Mr. Madsen has extensive experience in commercial litigation (including, but not limited to, areas such as trade and finance, joint ventures and industrial cooperation, mergers and acquisitions, company law, agency and distribution, intellectual property rights, construction, finance and
banking) in the courts of law in Sweden. A number of cases have been brought before the Supreme Court. Mr. Madsen is a member of the Swedish Bar Association since 1993 and member of the International Bar Association.
Laurent Lévy, Founding Partner, Lévy Kaufmann-Kohler, Geneva. A dual Swiss and Brazilian national, Dr. Lévy studied law in Paris and Geneva. Dr. Lévy is admitted to the Geneva Bar. Prior to co-founding Lévy Kaufmann-Kohler in 2008, he was a founding Partner at Schellenberg Wittmer, Geneva and Zurich. He is a visiting professor at
the School of Law, Queen Mary, University of London since 2007. Dr. Lévy is a Vice President of the ICC Arbitration Court, a Council member of the ICC Institute of World Business Law, a member of the Institut pour l'arbitrage international, the Comité français de l'arbitrage, the Association suisse de l'arbitrage and the Milan Club of Arbitrators. He is also a former member and Vice-President of the London Court of International Arbitration and a former member of the Arbitration Committee of the
Geneva Chamber of Commerce and Industry. Dr. Lévy is an experienced international arbitrator and has handled more than 200 arbitration proceedings, mostly as an arbitrator.
Markian Malskyy is an attorney-at-law, Dr. jur., specializes in providing legal support in investment projects (commercial, real estate and corporate law matters) as well as representing clients' interests before judicial authorities of Ukraine and dispute settlement under the procedures of commercial and investment arbitration. He has extensive experience in corporate dispute settlement in the energy sector, contractual disputes, trade and real estate disputes, enforcement of foreign court judgments and arbitral awards, real estate and M&A transactions. As an attorney-at-law he represented one of the major oil producing company of the Russian Federation in a dispute on collection of more than 200 million USD of losses caused by improper execution of the shareholders agreement. He handled cases under the Arbitration Rules of ICSID, ICC, SCC, UNCITRAL, LCIA and ICAC. In total Markian Malskyy has been involved in settlement of over 300 disputes.
Since 2010 Mr.Malskyy is a Head of Alternative Dispute Resolution Desk at Arzinger. Prior to joining Arzinger attorney-at-law Malskyy worked as a lawyer in the international arbitration team in the firm Freshfields Bruckhaus Deringer in Paris. In 2012 Markian Malskyy has obtained his doctoral degree (Dr. jur.) with thesis: "Arbitration agreement as condition for dispute resolution in international commercial arbitration" at the Kyiv National Taras Shevchenko University. Markian
Malskyy is the author of two books on commercial dispute settlement, published more than 70 legal articles. Mr. Malskyy has managed the German translation of the Rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry. The monograph "ARBITRATION AGREEMENT. Theoretical and Practical Aspects" (in Ukrainian) by Markian Malskyy has been published in 2013. The Chambers Global 2013 anв Chambers Europe 2013 recommended Markian Malskyy in dispute resolution. The Legal 500 - Europe, Middle East & Africa 2013 recognized Markian as experienced ADR practitioner in the Dispute resolution chapter.
Michael Hwang, a Senior Counsel ("S.C") of the Supreme Court of Singapore (the equivalent of Queen's Counsel in England), and Chief Justice of the Dubai International Financial Centre Courts, received his undergraduate and postgraduate legal education at Oxford University where he was a College Scholar and Prizewinner. He has taught at the Faculty of Law at the University of Sydney and the National University of Singapore ("NUS") and, until recently, was an Adjunct Professor at
NUS. Hwang is active in international dispute resolution as arbitrator (under ICC, CIETAC, UNCITRAL, LCIA, ICSID, AAA, ICDR, BANI, Swiss, HKIAC and SIAC Rules) as well as mediator. His arbitrations and mediations have involved disputes in a host of countries all over the world. He has conducted arbitrations in over 34 cities and spoken at conferences in over 40 cities. He is an accredited arbitrator of more than 22 arbitration centres and has also conducted arbitrations under the auspices of the Permanent Court of Arbitration and ICSID. Hwang has served in various capacities, including as a Judicial Commissioner of the Supreme Court of Singapore; Singapore's Non-Resident Ambassador to Switzerland; President of the Law Society of Singapore; Vice Chairman of the International Court of Arbitration of the International Chamber of Commerce; Vice-President of the International Council for Commercial Arbitration ("ICCA"); Court Member of the London Court of
International Arbitration ("LCIA"); Council Member of the International Council of Arbitration on Sports ("ICAS"); and as a Commissioner of the United Nations Compensation Commission ("UNCC"), a body set up under the Security Council to assess claims against Iraq arising from the Gulf War. Hwang, who currently practices as a Barrister and International Arbitrator in Singapore, has many publications on arbitration to his credit. His publications on arbitration have appeared in books and journals published in 10 countries.
Lord (Peter) Goldsmith QC, PC, Chair of European and Asian Litigation, joined Debevoise as European Chair of Litigation in September 2007. Lord Goldsmith served as the UK's Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London. Lord Goldsmith has a long practice in
arbitration and in the interface between arbitration and litigation. He appears as counsel for leading cases in a number of jurisdictions and different arbitral institutions, including ICC, LCIA and ad hoc in London, Paris, Singapore and India. He also sits as an arbitrator in London, Paris and Singapore. He is a member of the Council of the Hong Kong International Arbitration Centre, on the panel of arbitrators for the Dubai International Arbitration Centre, on the emergency panel for the Singapore International Arbitration Centre, and is closely connected with both the LCIA and the ICC. He recently co-Chaired a Task Force on ICC arbitration involving States and State entities which recommended changes to the ICC rules of arbitration to take account of special issues faced by States in ICC arbitrations. Lord Goldsmith regularly speaks on
arbitration issues. Engagements include teaching international arbitration at the University of Milan Summer School. He is a member of the European Commission Expert Group on the interface between Brussels I Regulation and Arbitration. He graduated in law from Cambridge University with double first class honours and a Master's from
University College London. He was admitted to the Bar of England and Wales in 1972 and New South Wales in 2010. Lord Goldsmith was made a Life Peer in 1999 and Privy Counsellor in 2001. In 1996, he founded the Bar of England and Wales' Pro Bono Unit, of which he is now President. He is a Bencher of Gray's Inn.
Piero Bernardini is currently Of-Counsel for Studio Legale Ughi e Nunziante in Rome, Italy. Prof. Bernardini has more than four decades of legal experience. He was the Head Legal Counsel AGIP SpA and Ente Nazionale Idrocarburi (ENI) and he also served as the General Counsel and Member of the Board and Executive Committee of ENI (Rome - Milan). Prof. Bernardini's arbitration experience is extensive and includes over three hundred arbitration cases relating to construction mergers and acquisitions, financial transactions, State contracts, investment protection under BITs. He is currently engaged as arbitrator and chairman in various ICSID and non-ICSID investment treaty arbitration cases and in several commercial arbitration cases (ICC and ad hoc). He has also participated as an annulment committee member in
various ICSID cases. Prof. Bernardini is author of several articles in the field of arbitration, investment and state contracts, published in Rivista del Diritto del Commercio Internazionale, Rivista dell'arbitrato, ICSID Review - Foreign Investment Law Journal, The Journal of World Investment, Arbitration International, Revue de l'Arbitrage, ICC Court Bulletin and others. He is also author of several books including, among others: "Arbitration Law", Laterza, 1998 (in Italian). "The Italian Law on Arbitration", Kluwer 1998 (in English), Italy, ICCA Handbook on Commercial Arbitration, Kluwer 2000 and 2006 (in English), "Arbitration Code", Giuffrè, 2000 (with A. Giardina), "The international commercial arbitration", Giuffrè, 2000 (in Italian), Conciliation, EGEA 2001 (in Italian) and "Arbitration in International Trade and Investments" Giuffrè, 2008 (in Italian). Prof. Bernardini received a Doctor of Jurisprudence, Magna cum laude from the University "La Sapienza" of Rome, Italy. His professional memberships include: Vice- President until 31.12.2005: ICC International Court of Arbitration; President: Italian Arbitration Association; Panel of ICSID conciliators and arbitrators (by Italian government appointment); Member: London Court of International Arbitration (until mid-2005); Member: ICCA – International Council for Commercial Arbitration, Milan Chamber of Arbitration attached to the local Chamber of Commerce until 2010; and Rome Chamber of Arbitration attached to the local Chamber of Commerce until 2010. Prof. Bernardini is fluent in Italian, English, French and Spanish (working knowledge).
Pierre A. Karrer has been in private practice for over 40 years and practices as a full-time arbitrator from his "boutique" premises in Zurich.
He has been chairman and arbitrator in well over 300 international commercial arbitrations all over the world. He is former Honorary President of the Swiss Arbitration Association, former Court Member of ICC, former Vice President of the Stockholm Institute, former Vice President of the LCIA, FCIArb, and listed arbitrator in numerous arbitral institutions worldwide. After studies in Zurich, Göttingen, Padova, and The Hague, he obtained a Dr.iur. from the University of Zurich, and an LL.M. from Yale. He taught at the Tulane University School of Law in New Orleans, Louisiana, and at other universities. He chairs arbitrations in English, French, German, and Italian. He also speaks Dutch and some Spanish.
Richard Kreindler, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt.
Richard is a professor of law and a full-time advocate, acting as counsel, arbitrator and expert in major commercial and investment arbitration and litigation matters throughout the world for the past 28 years. He is a member of the New York and Paris Bars. He is also an Honorary Professor of Law at the University of Münster, Germany, where he has taught for well over a decade. Richard is a graduate of Harvard, Munich, Columbia and Münster Universities. He is a Fellow and Chartered
Arbitrator of the Chartered Institute of Arbitrators, London. Richard delivered the lectures in Private International Law at the Hague Academy of International Law in Summer 2012, which were published in the Recueil des cours, Vol. 361, in 2013. He has also published several other treatises and over 400 other publications and lectures on international arbitration, litigation and compliance/anti-corruption issues.
He has been a member of the Editorial Board or Advisory Board of leading arbitral publications and institutions; he is also a Council Member of the ICC Institute of World Business Law. Richard was Chairman of the IBA working group resulting in the 2010 IBA Rules on the Taking of Evidence in International Arbitration.
Shaun Lee is an associate in the Arbitration & Dispute Resolution practice at Olswang Asia LLP. Shaun started his pupilage and practice under Mr. Michael Hwang S.C. and has experience as an arbitral secretary on various SIAC, LCIA and ICC claims involving, amongst others, mis-selling of derivative/hedging financial products, breach of joint venture contracts, breach of confidentiality and general commercial disputes. He has assisted, advised and represented clients in the Technology, Media & Telecommunications, oil & gas, energy, domestic security, real estate and construction industry on issues concerning regulatory compliance; breach of contract; misuse of confidential information; delay and disruption on projects; breaches of escrow agreements; employment and tenancy disputes; freezing injunctions; search orders and dispute settlement strategy. Shaun has also advised and represented clients on cross-border restructuring & insolvency exercises within the ASEAN region and has conducted several compliance and investigatory exercises involving, inter alia, breaches of the FCPA, UK Anti-Bribery Act and other foreign anti-corruption legislation. He is currently blogs at the Singapore International Arbitration Blog (http://singaporeinternationalarbitration.com/) and contributes regular articles and commentaries to Singapore Law Watch and the Singapore Law Gazette.
Stephen Jagusch is Global Chair of Quinn Emanuel's International Arbitration Practice. He specialises in international commercial and investment treaty arbitration, having acted as adviser and advocate in dozens of ad hoc and institutional international arbitrations, conducted in many countries around the world, and subject to a wide variety of governing substantive and procedural laws. A great many of Stephen's cases have been for or against sovereign states or substantial multinational
organizations, and he has been lead counsel in many of the world's leading investment treaty cases. Stephen is recognised as a leading expert in the field of international arbitration and disputes arising under contacts and bilateral or multilateral investment treaties, and is highly ranked by all international and domestic legal publications in
international arbitration and public international law. Leading directories recognise Stephen as a leader in his field. Stephen routinely speaks at leading conferences and seminars, and is widely published, on the subject of international arbitration. Prior to joining Quinn Emanuel, Stephen was Chair of the Global International Arbitration Practice of Allen & Overy LLP. Stephen regularly sits as an arbitrator and has sat as Chair, Sole or Co-Arbitrator in dozens of cases around the world.
Tetiana Bersheda is a Swiss lawyer practicing in Geneva, Switzerland and in Monaco. She received her master degree in law (magna cum laude), with specialization in European law, from the University of Fribourg (Switzerland) in 2004 and a PhD (summa cum laude) in 2007 from the same University. Her PhD thesis in the field of corporate and insolvency law has been awarded the prize of the Swiss Insolvency Law Association in 2008. She has also obtained an LL.M. in commercial law
from the University of Cambridge (UK) and a master in international private law from the Institute of International Relations of the University of Kiev (Ukraine). After her traineeship with one of the most prominent Geneva-based law firms, she passed her bar exam in Geneva and then worked as an associate and later as a partner in several law firms in Geneva specialized in commercial law and international arbitration. She founded the firm Bersheda Avocats on 1st January 2011, before joining,
as a partner, the firm Canonica Valticos de Preux + Associés in November 2013. Tetiana Bersheda is specializing in settlement of international disputes and in business law. She acts both as counsel and arbitrator in international commercial disputes. She also exercises as a legal advisor in the Principality of Monaco. Tetiana Bersheda publishes extensively peer-reviewed articles in international legal journals and speaks at international conferences on various topics of commercial law
and international arbitration.Tetiana Bersheda is a member of the Ordre des Avocats of Geneva, the Swiss Bar Federation, the Swiss Arbitration Association (ASA), the London Court of International Arbitration (LCIA) and of the International Chamber of Commerce in Paris (ICC). She speaks English, French, Russian, Ukrainian, German and Spanish.
Timur Bondaryev is an Attorney, Managing Partner and Head of the Real Estate and Construction Practice at Arzinger. Timur specializes in advising on real estate and construction transactions; mergers & acquisitions and is an expert on antitrust and privatization issues. He has extensive experience in working at state authorities and large corporations. He was Head of Division in the Legal Department at the State Property Fund of Ukraine and Head of the Legal Department at
Ukrainian Aluminium, a subsidiary of Russian Aluminium Company. Timur Bondaryev is a highly respected law practitioner enjoying an excellent reputation in the local and international market. Timur Bondaryev is a senior lecturer at the Department of Specialised Legal Sciences at the National University Kyiv-Mohyla Academy, one of the country’s best universities and oldest higher education institution in Eastern Europe (founded in 1632). Timur is also an advisor to the mayor of Lviv on attracting foreign investment as well as public-private partnership; a regular lecturer on Ukrainian law at the Austrian Chamber of Commerce. He is the Board Member of the Ukrainian Bar Association and European Business Association. Timur Bondaryev is a Young Members liaison officer within the Real Estate Committee of the International Bar Association (IBA). He is also a co-author of the first Ukrainian scientific and practical commentary to the Law of Ukraine "On Protection against Unfair Competition" (October 2013) composed in cooperation with Gennady Androshchuk, Deputy Head of the Laboratory for Legal Support to the Science and Technology Development at the IP Scientific and Research Institute of the National Law Academy of Ukraine, D.Sc., assistant professor, Sergiy Shklyar, Founding Partner at Arzinger, Dr. jur., attorney-at-law, and Natalia Ivanytska, Senior Associate at Arzinger, Dr. jur., attorney-at-law. Best Lawyers 2013 highly recommends Timur Bondaryev in the sphere of arbitration and mediation, corporate law and management, compliance, mergers and acquisitions, and real estate. Chambers Europe 2013 recommends Timur Bondaryev in real estate sphere.
