Newsletter 2012 - CIDRA

Newsletter 2012

Published on Chicago International Dispute Resolution Association (http://cidra.org)

Newsletter 2012

November 28th, 2012 | posted by Sofia Burau in

Newsletters

Chicago international Dispute Resolution Association Peter V. Baugher, President One S Wacker Dr Ste 2800

Chicago IL 60606 USA 312-409-1373 [email protected] Copyright 1999 - 2009 by CIDRA. All Rights Reserved

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Newsletter 2012


Dear CIDRA Friends,

Welcome to the Chicago International

Dispute Resolution Association’s 2012

edition Newsletter. We present you with

updates on events CIDRA organized and

held this year:

An Expert Witness View of

International Arbitration

The Chicago International Dispute

Resolution Association opened its fall

program season on Thursday, October

18, 2012, with a continental breakfast

presentation by John Levitske,

Managing Director, Commercial Disputes

of Duff & Phelps, at the firm's Chicago

office on 311 South Wacker Drive, 10th

Floor Conference Center, Chicago.

Mr. Levitske discussed Real World

Experiences in International Arbitration

: The Expert Witness' Perspective. John

has served as an expert witness,

consultant and co-arbitrator in various

international arbitrations involving

accounting, valuation, or economic

damages issues. Mostly recently, he

served as an expert witness in two

international arbitrations in Europe and

was selected to the Who's Who of

International Commercial Arbitration -

Experts 2011.

Fundamentals of International

Arbitration

The NATO Summit in Chicago came off

well in May, as did CIDRA's pre-summit

briefing on the issues discussed. After

that CIDRA returned to commercial law

with an expert panel on the

"Fundamentals of International

Arbitration” on Tuesday evening, July 17



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Newsletter 2012


at Baker & McKenzie LLP, 300 East

Randolph Street, Chicago.

The North American Alliance in the 21st

Century: NATO was formed in 1949 in

response to the threat posed by the

Soviet Union. That threat largely

disappeared with the Soviet collapse 20

years ago. The Alliance was intended not

just to deter Soviet expansionism,

however, but also to prevent the revival

of nationalist militarism in Europe, and to

encourage European political integration.

In the words of the first NATO Secretary

General, Lord Ismay, NATO's goal was "to

keep the Russians out, the Americans in,

and the Germans down." NATO's principal

operational mission today is its

International Security Assistance Force in

Afghanistan (echoing the decade of

Soviet intervention there that began in

1979). What are NATO's other security

and political goals? Should its

membership continue to expand and with

what consequences? How will Europe's

financial and political challenges affect

the Alliance's future?

Leading our conversation was DePaul

Law School Professor Alberto R. Coll,

Director of DePaul's European and Latin

American Legal Studies Program. Before

joining DePaul, Dr. Coll chaired the

Strategic Research Department of the

U.S. Naval War College, where he also

served as dean of the Center for Naval

Warfare Studies. During the first Bush

administration he served as deputy

assistant secretary of defense,

overseeing the Defense Department's

policy, strategy and resources in areas of

special operations forces and "low

intensity" conflict, including

counterterrorism. Dr. Coll is the

author of The Wisdom of Statecraft,

among other books and articles on



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Newsletter 2012


international relations and law. He

graduated from Princeton University and

University of Virginia Law School.

Lord David Hacking on "Meeting

Crises in Arbitration Practice"

On Wednesday, April 18, 2012, CIDRA

presented a breakfast discussion with

British barrister and international

arbitrator and mediator Lord David

Hacking. Lord Hacking spoke on

"Meeting Crises in Arbitration Practice."

He also commented on Cape Flattery v.

Titan Maritime, 647 F.3d 914 (9th Cir.

2011), the subject of CIDRA's recent

Supreme Court amicus brief, and Jivraj v.

Hashwani, a controversial English case on

appointment of arbitrators with religious

qualifications. This special event was at

Katten Muchin Rosenman LLP, 525 West

Monroe Street, Chicago and hosted by

Alexander Vesselinovitch.

David Hacking is a Chartered Arbitrator in

London. For the last 40 years, he has

undertaken commercial litigation and

arbitration cases. He was educated at

Cambridge University and Inns of Court

School of Law. He practices from Littleton

Chambers and undertakes appointments

as counsel, arbitrator and mediator in

commercial disputes. Since January 2000

he has issued over 140 arbitration

awards.

As Lord Hacking, he was a member of the

House of Lords for 28 years and from

1989 to 1999 a Member of the House of

Lords Select Committee on the European

Communities. He was actively involved in

the reform of English arbitration law and

paved the way in Parliament for the 1979

UK Arbitration Act and played a

prominent part during the passage

through Parliament of the 1996 UK



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Newsletter 2012


Arbitration Act.

Doing Business in Hong Kong, China

& Asia: International Trade

Transactions & Hong Kong's Dispute

Resolution Service

In conjunction with the Hong Kong Trade

Development Council, CIDRA

hosted Teresa Cheng, Vice

Chairperson of the Hong Kong

International Arbitration Centre and

Vice-President of the ICC International

Court of Arbitration at a breakfast on

Monday, March 26, 2012. The event

was held at the University Club, 76 East

Monroe Street, Chicago and was

featuring:

Ms Teresa Cheng, GBS, SC, JP, Vice

Chairperson, Hong Kong

International Arbitration Centre,

shared her insights and extensive Hong

Kong/ China experience in arbitration,

mediation and Counsel to international

companies doing business in China.

Mr Alfred Ho, Vice President, Global

Financial Institutions & Risk

Management, FirstMerit Bank,

discussed issues and challenges faced by

U.S. companies in international trade

transactions with a focus on the China

and Asia markets.

Mr Peter Baugher, President,

Chicago International Dispute

Resolution Association, & Partner,

Schopf & Weiss LLP, moderated the

Q&A and made introductory remarks.

Ramon Mullerat to Update CIDRA on

ICC Rules

Our good friend, Ramon Mullerat,

spoke on the new 2011 ICC Rules of



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Newsletter 2012


Arbitration at CIDRA breakfast on

Wednesday, March 14, 2012, at The

John Marshall Law School, 315 South

Plymouth Court, Chicago.

Mr. Mullerat is an attorney at Iuris

Vallas law firm in Barcelona, Spain.

In addition to being a former law

professor at Barcelona University and an

adjunct professor at the John Marshall

Law School in Chicago, Mr. Mullerat has

held many distinguished positions. These

include the Presidency of the Council of

the Bars and Law Societies of the

European Union, Co-Chair of the Human

Rights Institute of the International Bar

Association, and Chairman of Commission

2020 of the International Bar Association.

Mr. Mullerat is a world-renowned author

and speaker, and an expert in

international commercial arbitration.

Please join us for what is sure to be an

informative presentation and discussion.

An English summary of Mr. Mullerat's

recent paper on this subject could be

found in the Archived Articles soon.

Loyola Willem Vis Arbitration Moot

CIDRA and the Chartered Institute

of Arbitrators were again sponsoring

the Loyola Willem Vis Arbitration Moot.

Law students were prepared for the

Vienna and Hong Kong Vis Arbitration

competitions at the Loyola University of

Chicago School of Law Pre-Moot on

Saturday, February 18, 2012. For

inform

ation

on the

Vis: http://cisgw3.law.pace.edu/vis.html

and www.cisgmoot.org (Hong Kong).

Arbitration of Foreign Investor

Claims



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http://www.cisgmoot.org

Newsletter 2012


Launching 2012 was San Diego School

of Law Professor Ralph Folsom,

speaking on "Arbitration of Foreign

Investor Claims Against Governments,"

Friday, January 27, 2012, at John Marshall

Law School, 315 South Plymouth Court,

Chicago. Professor Folsom, whose

two-volume Practitioner Treatise on

International Business Transactions (3rd

edition West) had just been published,

delivered his 11th annual lecture on

international business and trade law.

ICC Arbitration Update

Litigator, arbitrator, former federal

prosecutor James Ferguson of Mayer

Brown LLP updated us on ICC

arbitrations, Tuesday morning, January

31, 2012, at Mayer Brown LLP, 71 South

Wacker Drive, Chicago. He illustrated his

survey with case studies on Big Pharma

arbitrations. Mr. Ferguson is a Fellow of

the American College of Trial Lawyers. He

is also a registered neutral with the

American Arbitration Association, the

International Chamber of Commerce, and

the Stockholm Chamber of Commerce.

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Newsletter 2012 - CIDRA