Panel A | arbitration2017

Panel A: International Arbitral Legal Order

Chair: Prof. Catherine Kessedjian

Catherine Kessedjian is Professor emeritus of the University Panthéon-Assas Paris II. Until 2016, she was the Deputy Director of the European College of Paris, Professor at the University Panthéon-Assas Paris II, Hauser Global Visiting Professor at New York University School of Law. In 2016, she was Visiting Professor at Padova University (Italy) and in 2017 Wainwright Senior Fellow and Visiting Professor at McGill Faculty of Law. She teaches Private International Law, European Business Law, International Dispute Resolution and Arbitration. She acts as arbitrator in a selected number of International Commercial and Investment Disputes. She also acts as mediator in French and English. She is a member of numerous professional organisations, notably the American Law Institute. For that Institution, she presently acts as a member of the International Advisers Committee for the Restatement on Foreign Relations Law. She is the President of the French Branch of the International Law Association and Vice Chair of the global ILA.

Mr. José Rosell

"Ethics in International Arbitration"

José Rosell is an independent arbitrator based in Copenhagen. He is a member of the Paris and Barcelona Bars and is registered as a E.U. advocate in the Danish Bar. He has served as arbitrator and has acted as counsel in more than 130 arbitrations, both commercial and investor-state arbitrations. He is ranked as a leading arbitration practitioner by the most renowned professional legal guides and directories. José Rosell can conduct the arbitrations either in English, French and Spanish. He also has a good knowledge of Italian and Portuguese. José Rosell is a former professor of the Faculty of Law of the University of Paris V and continues to lecture on international arbitration in various Universities. He has widely written on international arbitration and has participated as speaker and moderator in numerous seminars and conferences on international arbitration. He is a member of the ICC Commission on Arbitration & ADR and is listed as arbitrator in the panels of the major arbitration institutions. José Rosell has actively participated in the review and drafting of several rules of arbitration, expertise, mediation and dispute boards. He is currently a member of the ICCA/Queen Mary University Task Force on Third Party Funding. José Rosell is also a Member of the ILA International Committee on International Commercial Arbitration and a Member of the board of the French Branch of the ILA.

Abstract:

The disparity and the lack of specific ethical rules applicable in international arbitration, which could be found in the professional regulations has led the professional organizations and arbitration institutions to play a proactive role in this field. Series of guidelines and rules for the conduct of counsel, experts and arbitrators have been adopted with the purpose to harmonize the rules of conduct to be applied by the participants in international arbitrations. Notwithstanding their adoption, a raising concern emerge among the arbitration practitioners, due to the misbehavior noticed in recent years. Enforcement seems to be the crucial issue.”

Prof. Jean-Baptiste Racine

"International Arbitration and Public Policy"

Jean-Baptiste Racine is Professor at Nice Sophia Antipolis University (France). He is member of the Centre of Economic Law (French CNRS). He is a former lawyer (Nice Bar). He publishes in the field of international business law and international arbitration law. He has recently published a book on French arbitration law (“Droit de l’arbitrage”, Presses universitaires de France, 2016).

Abstract:

Relations between international arbitration and public policy are naturally complex. International arbitration is an autonomous system of justice based on freedom. Public policy refers to legal constraint in the name of “public” interest. International arbitration and public policy are not supposed to combine. Nevertheless, nowadays, international arbitrators are empowered to apply mandatory laws. Furthermore, they have the duty to apply and respect them. This raises a difficult question: which public policy must an arbitrator apply? Domestic public policy of the chosen law? International mandatory laws (“lois de police” in French)? Transnational public policy? There is no simple answer to these kinds of questions. One can add that when an award is rendered, many national judges are entitled to intervene (for setting aside proceedings or for enforcement of awards). Which control do they operate? What is the “second look doctrine”? Finally, relations between international arbitration and public policy is an old topic which permanently regenerates itself. It is like a never ending story.

Mr. Andrew Demetriou

"Treatment of Fraud in International Arbitrations"

Andrew Demetriou is a Barrister and a Chartered Arbitrator and Accredited Mediator. He is a Member of the Honourable society of Gray’s Inn, the Cyprus Bar Association, the Chartered Institute of Arbitrators and is a recommended leading lawyer in Chambers and Partners and The Legal 500 in dispute resolution, real estate and construction and EU and competition. Mr. Demetriou was a forerunner in establishment of a branch of the Chartered Institute of Arbitrators in Cyprus and is serving a third term as Chairman of the Cyprus Branch of the Chartered Institute of Arbitrators. He regularly sits as arbitrator and acts as counsel in major international arbitrations before the ICC, LCIA and other arbitral bodies. He is the current Chairman of the Legalink Network (2015-2017) (http://www.legalink.ch). Mr. Demetriou was the leading counsel for the Republic of Cyprus in the negotiations for hydrocarbon exploration, extraction. He is a founding Partner/Director in the law firm Ioannides Demetriou LLC based in Nicosia and Limassol, Cyprus.

Dr. Anna Plevri

"Arbitration in Energy Disputes"

Dr Anna Plevri was born in Greece and obtained a law degree (LLB) (2002) from the Law School of Aristotle University of Thessaloniki (Greece). From the same Law School she has also acquired a Postgraduate Diploma (LLM) on Civil, Civil Procedural and Labour Law (2006) and a Doctorate (2014) on Civil Procedural Law. Both for the above LLM and PhD, she was honored with the State Scholarships Foundation Fellowship (SSF). In addition, she has obtained another LLM on International Law (2016) from the Law Department of the University of Thrace (Greece). Thus, she has been trained in various law and ADR trainings in Italy (2010), Germany (2009, 2015), United Kingdom (2011, 2017), Switzerland (2014) and the USA (2014, 2015).

She is a certified Mediator on Civil, Commercial, Family, Workplace Disputes and ODR, a certified Mediator’s Trainer (Adr-Odr International) and an arbitrator (Adr-Odr International, MCIArb). She is a member of the Mediator’s Registry of both the Greek and Cypriot Ministry of Justice and the Cyprus representative of Adr-Odr International . She is also a member of International Law Association, Cypriot Branch. She is an attorney at law, member of the Bar Association of Thessaloniki (Greece) (2004 on going) and member of the Cyprus Bar Association (2015 on going). She is an author of a book regarding civil procedural law, she contributes as an author in many collaborative projects and several papers of her on Civil Procedural Law or/and ADR has been published in Greek and English language.

She has delivered several lectures and presented several papers in international conferences in Greece, Cyprus, the UK and Switzerland and from year 2014 she is a Lecturer of Private Law and ADR at the University of Nicosia. Her areas of focus and research interests are Civil Procedural Law, Civil Law, Law of Contracts, Medical Law, Family Law, Arbitration, Mediation, Energy Law, Human Rights, Comparative Law and Private International Law.

Mr. Stratis Georgilas

"Arbitrations involving Bribery and Corruption: Some preliminary considerations"

Stratis Georgilas was called to the Athens’ Bar in 1994. He is the Head of Chambers at G-H Law Chambers in Athens (2001 to this date). He holds a Master of Law Degree, LL.M. (i) (Cantab.) from Cambridge University, where he studied at Hughes Hall and the Faculty of Law (1994). He read ‘‘Ptychion’’ in Law at Democritus University of Thrace - Faculty of Law (1992). He has pleaded cases before all domestic (Greek) Courts, the European Court of Justice, the European Court of Human Rights and other International Courts and Tribunals, in the fields of Public International Law (Human Rights, Settlement of International Disputes, Commercial Arbitration and ICSID), E.U. Law and Aviation Law.

He has rendered his services to several States on issues of international dispute settlement, international criminal law – law of armed conflict and aviation law. He is the Legal Counsel and Litigator of scheduled air-carriers. G-H Chambers is a frequent sponsor of the universally known annual IATA’s Legal Symposium.

His recent activities include: drafting Greece’s Intervention before the ICJ (Case Concerning the Jurisdictional Immunities of the State, Germany/Italy); counselling in EU programs in the fields of IT and MED (2008 – 2013); providing technical assistance (legal expertise) to the EC/EU (DGEmp.-TFfG) and the Greek Ministry of Development & Competiveness (2014 - 2015); member of the ILA Committee on the Rules of Procedure of International Courts and Tribunals (2016), VP of the ILA/Hellenic Section. He has published extensively articles and case-notes in Greek and English on various topics of public international law, aviation law and E.U. law. Please, visit our Chamber’s site at www.ghlaw.gr.

Abstract:

Notwithstanding the recent awakening of the international community and the adoption of both bilateral and multilateral anti-corruption international instruments with far reaching effects, corruption is still being identified as “public enemy number one” in developing economies.
It is true that instances of alleged corruption have been forwarded by host-States as a defence to either the Tribunal’s jurisdiction or the admissibility of the investor’s claims. On the other hand, investors maintain and have tried forcefully to establish a genuine (legal) link between their plea and, inter alia, the Fair and Equitable Treatment standard. Be that as it may, while taking under serious consideration that the precise wording of a BIT in force can make a difference, it is submitted that a monolithic approach towards the outer limits of international investment protection may not be entirely appropriate.
Despite some inevitable ad hoc particularities, can one identify a universal public interest vested in the maxim fraus omnia corrumpit? What is the role of the Tribunal in cases involving bribery and corruption? Is there a general understanding on the precise ambit of the, so called, duty to disclose? Is there any room for the application of rules of general international law? Are there any lessons to be learnt?