40 under 40 International Arbitration 2021

Resumen del libro

Gaining recognition in today’s international arbitration market is difficult. If there was ever a world where a cozy club of practitioners dominated the field, that has been transformed into an intensely competitive, worldwide market with excellent lawyers coming from every corner of the globe. That is in part because of globalization, technology, and diversity, and in part because of the attractions of an increasingly important and interesting field of practice, which engages the most talented and committed younger lawyers.

This book mirrors contemporary international arbitration. It has enormous diversity, with authors from all over the world, demonstrating prodigious ability and energy, and producing works of the highest academic quality and practical relevance. At a time when international arbitration is under sustained criticism, these contributions are inspirational, setting an example for practice in the field.

As one would expect, the book contains a number of articles examining the consequences of the COVID-19 pandemic for international arbitration. The book also includes contributions on topics that range from interim measures, emergency arbitration, document production, data protection, artificial intelligence, arbitrator ethics, and challenges of awards. Together, these various articles address almost every aspect of the arbitral process, again mirroring the field itself.

The book should serve as a genuine inspiration. The international arbitral process depends for its future on the commitment and excellence of the lawyers and arbitrators who conduct international arbitrations. Unless they strive to perfection, providing the best possible work in the most efficient manner, users will find other means of resolving their disputes. International arbitration has flourished because it provides more efficient, expeditious, expert, evenhanded and enforceable ways of solving cross-border commercial disputes. It can only do so—and continue to do so—if its participants rise to the challenges of excellence—as the works in this book do.

Finally, every successful enterprise requires a leader and a vision. Carlos González-Bueno provided both for this book, and deserves great praise for his efforts. He has devoted enormous work and wise foresight to identifying, organizing, and motivating young lawyers from around the world to produce excellent works. Like the authors of this book, he deserves great praise and congratulations.

Gary B. Born

Índice

I) LIST OF AUTHORS

II) EDITOR'S BIOGRAPHY

III) FOREWORD BY GARY B. BORN

IV) EDITOR'S NOTE

I. ARBITRATORS: IT'S NOT ALL ABOUT INDEPENDENCE AND IMPARTIALITY

1. KNOCKING ON DISPUTE RESOLUTION'S DOOR: THE 'SECRETARY-MEDIATOR' AS A FRESH NEW MEDIATION WINDOW IN INTERNATIONAL ARBITRATION / Blas Piñar Guzmán

2. ARBITRATORS BEHAVING BADLY? A COMPARATIVE ANALYSIS OF ARBITRATOR CHALLENGES IN TWO AFRICAN JURISDICTIONS / Isaiah Bozimo

3. ETHICAL CONSIDERATIONS IN INTERNATIONAL ARBITRATION: IS IT TIME FOR A UNIFORM CODE OF CONDUCT FOR ARBITRATORS? / Laurie Achtouk-Spivak

ARBITRAL TRIBUNALS AND JUDICIAL REVIEW OF LEGISLATION / Manuel Casas

II. EFFICIENCY: REDUCING COSTS, TIME AND COMPLEXITY

5. CONSIDERATIONS ABOUT PROCEDURAL ORDERS / Ana Lombardía

6. WHAT ABOUT EMERGENCY ARBITRATION? A BRIEF OVERVIEW OF ITS MAIN OBJECTIVES, FEATURES AND SOME DIFFICULTIES FACED ON INTERNATIONAL ARBITRATION / Diego Martínez Villacorta

7. DRAFTING THE IDEAL ARBITRATION AGREEMENT TO GUARD AGAINST THE NEXT PANDEMIC / Katherine Menéndez de la Cuesta

8. WILL VIRTUAL HEARINGS LEAD TO UNENFORCEABLE AWARDS? / Lidia Rezende

9. COVID-19: AN OPPORTUNITY FOR ARBITRATION / Luis Azuara

10. ENFORCEMENT BY NATIONAL COURTS AND ARBITRATORS OF ARBITRAL DECISIONS ON INTERIM MEASURES / Oliver Cojo

III. ISSUES ARISING FROM VIRTUAL AND INNOVATIVE INSTRUMENTS USED IN ARBITRATION PROCEEDINGS

11. CONSIDERATIONS FOR THE USE OF COVID-ERA TECHNOLOGICAL INNOVATIONS IN THE FUTURE OF INTERNATIONAL ARBITRATION / Eleanor C. Erney

12. INTERNATIONAL ARBITRATION 2.0: STRATEGIES FOR TECH-SAVVY PROCEEDINGS / Laura R. Zimmerman

13. CYBERSECURITY IN TIMES OF VIRTUAL HEARINGS / Rebeca E. Mosquera

14. AUDIOVISUAL EVIDENCE IN INTERNATIONAL ARBITRATION: WOULD 'SEEING IS BELIEVING' STILL WORK? / Sejin Kim

IV. TAKING OF EVIDENCE: CAN A CONSENSUS BE REACHED?

15. THE UNDISCOVERED COUNTRY: OBTAINING EVIDENCE IN THE UNITED STATES IN AID OF INTERNATIONAL COMMERCIAL ARBITRATION, AND HOW PARTIES RESIST / Joshua B. Picker

16. PROVING YOUR CASE: EVIDENTIARY FRAMEWORK AND EVIDENTIARY STANDARDS IN INTERNATIONAL COMMERCIAL ARBITRATION / Kabir Duggal

17. NAVIGATING THE AUTOBAHN: THE FAST, SLOW, AND DEAD ZONES OF DOCUMENTARY EVIDENCE IN INTERNATIONAL COMMERCIAL  ARBITRATION / Rekha Rangachari

18. WITNESS EVIDENCE, THE SCIENCE OF MEMORY AND SEQUESTRATION / Samuel Pape

19. DOCUMENTARY EVIDENCE:  STRATEGIC CONSIDERATIONS  THROUGHOUT THE ARBITRATION / Viren Mascarenhas

V. CORRUPTION ISSUES AND INTERNATIONAL ARBITRATION PROCEEDINGS

20. ADDRESSING CORRUPTION IN INTERNATIONAL ARBITRATION: A LOOK  AT THE ALSTOM AND BARIVEN CASES / Iuliana Iancu

21. HOW TRIBUNALS CAN HELP DISADVANTAGED PARTIES IN PROVING CORRUPTION IN INTERNATIONAL ARBITRATION / Andrew Turnier

22. A TALE OF TWO JURISDICTIONS: THE LATEST ON THE ALSTOM SAGA AND CHALLENGES TO ARBITRAL AWARDS INVOLVING ALLEGATIONS OF CORRUPTION / Lorraine De Geminy

VI. NEW TECHNOLOGIES, ARTIFICIAL INTELIGENCE, ETC.

23. GROUP ARBITRATION IN INTERNATIONAL E-COMMERCE CONTRACTS / Catalina Echeverri Gallego

24. INTERNATIONAL ARBITRATION IN THE AGE OF DATA ACCOUNTABILITY: THE IMPACT OF THE 2016 EUROPEAN GENERAL DATA PROTECTION REGULATION ON THE CONDUCT OF INTERNATIONAL ARBITRATION PROCEEDINGS / Armand Terrien

25. ARTIFICIAL INTELLIGENCE IN INTERNATIONAL ARBITRATION: THE WORLD IS ALL THAT IS THE CASE / Bianca Berardicurti

26. ESPORTS - "IT'S IN THE GAME": THE NAISSANCE OF A NEW FIELD OF INTERNATIONAL ARBITRATION / Leonid Shmatenko

VII. CLIMATE CHANGING AND NATURAL RESOURCES IN INTERNATIONAL ARBITRATION

27. ARBITRATION IN THE ENERGY AND NATURAL RESOURCES SECTOR: WHAT CAN WE LEARN FROM COMMODITY TRADE ASSOCIATION ARBITRATION? / Laura L. Williams

28. NAVIGATING FORCE MAJEURE CLAIMS THROUGH CLIMATE CHANGE / Mariele Coulet-Díaz

29. STEERING ARBITRATION TOWARDS A GREENER FUTURE: ADAPTATIONS AND CHALLENGES / Melissa Ordoñez

VIII. RELATION BETWEEN INVESTMENT AND COMMERCIAL PROCEEDINGS

30. SOVEREIGN IMMUNITIES AS A LIMITATION TO THE ENFORCEMENT OF INTERNATIONAL COMMERCIAL ARBITRAL AWARDS AGAINST STATE ENTITIES / Adrián Magallanes

31. TWO’S A CROWD: NAVIGATING COMPETING GOVERNMENTS IN INTERNATIONAL ARBITRATION:  A VENEZUELAN CASE STUDY / Manuel Valderrama

32. DOCUMENT PRODUCTION REQUESTS IN INVESTMENT TREATY ARBITRATION: CONSIDERATIONS FOR PARTIES AND PRACTITIONERS / Ricardo Ampudia

IX. CHALLENGES OF INTERNATIONAL COMMERCIAL ARBITRATION

33. THE ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS WITHIN  THE EU / Gillian Cahill

34. PARTIES SIDELINING THE SEAT OF ARBITRATION: CAN THEY CHOOSE A DIFFERENT COURT AND APPLICABLE LAW FOR ANNULMENT PROCEEDINGS? / Javier Jaramillo Troya

35. MANAGING CLAIMS AND DISPUTES IN CONSTRUCTION PROJECTS: A LATIN AMERICAN PERSPECTIVE / Patricia Ugalde

X. FINANCIAL AND ECONOMIC ISSUES: INTERESTS, BANKING, BANKRUPTCY, ETC.

36. ADVANTAGES AND CHALLENGES OF ARBITRATION FOR BANKS AND FINANCIAL INSTITUTIONS: BACKWASH OF A NEW FINANCIAL CRISIS ON ACCOUNT OF THE COVID-19 SITUATION / Alberto Manzanares Entrena

37. ON PRE-AWARD INTEREST RATES / Guilherme Recena Costa

38. CONTRIBUTORY NEGLIGENCE AND REDUCTION OF DAMAGES IN ARBITRATION: LET'S THROW A DICE / José Ignacio García Cueto

39. DISTILLING THE GROUNDS FOR STAY OF PROCEEDINGS DURING INSOLVENCIES: APPLICATION OF A STANDARD OR CAPRICIOUS  INTERVENTION? / Laura Lozano

40. INTERNATIONAL ARBITRATION V. CROSS-BORDER INSOLVENCY: CHANNELING "THE CONFLICT OF POLAR EXTREMES" INTO EFFECTIVE LITIGATION STRATEGY / Sharmistha Chakrabarti