International Arbitration

International arbitration has its own rules.  Not just formally, but also in the practices of the arbitrators and advocates you will usually find there.

These practices are familiar to me, and I have additional relevant first-hand experience to give my client tactical flexibility and strong substantive arguments, including my experience with:

• common law and continental European state court proceedings
• academic as well as practitioner viewpoints
• practice as an advocate as well as experience as an arbitrator
• business concerns of clients and
• knowledge of substantive law from my work as transaction counsel.

I am pleased to serve as arbitrator and have done so both in German- and English-language proceedings, and both as party-appointed arbitrator and as Chairman.

My memberships in arbitral societies including the German Institution of Arbitration (DIS), the Swiss Arbitration Association (ASA) and the Chicago International Dispute Resolution Association (CIDRA) keep me informed regarding new developments in arbitration and provide valuable contacts in the arbitral community.

The applicable rules of arbitration in my cases have included, among others, the folllowing:

• American Arbitration Association (AAA)
• German Institution of Arbitration (DIS)
• International Chamber of Commerce (ICC)
• Stockholm Chamber of Commerce (SCC)
• Netherlands Arbitration Institute (NAI)
• UNCITRAL ad hoc
• Argentine ad hoc
• United Nations Compensation Commission

The applicable substantive law has been similarly diverse.  Among the procedural questions I have briefed are, among others, the following:

• the prima facie validity of the arbitration clause
• the extension of the arbitration clause to associated companies
• the extension of the arbitration clause to related agreements
• the continuing validity of the arbitration agreement in light of changed circumstances
• the legal  enforceability of the Terms of Reference in an ICC-arbitration and the consequences of a potential violation of them by the arbitral tribunal
• the permissibility of a further submission beyond those set forth in the procedural orders of the Tribunal
• the standard for and justification of a demand for the production of documents under the IBA Rules of Evidence
• the proper standard for and justification of a correction of the arbitral award

Ancillary proceedings before state courts have also been part of my responsibility, in such places, among others, as the USA, Germany, and Switzerland, including for the recognition and enforcement of the arbitral award under the New York Convention of 1958.