INSIDE THIS ISSUE…2011 Workshop, Forum, & Roundtable .................. Page 3 News from WAMR ................................................... Page 7Experts in the News ............................................Page 8-11Conferences in 2011-2012 ..................................... Page 12Scoreboard of Treaty Adherence ........................... Page 13Mark Your Calendar .............................................. Page 20

Volume 25 Number 3

The Institute for Transnational ArbitrationA Division of

The Center for American and International LawPrinted by the

Dedman School of Law at Southern Methodist University

(See YOUNG ARBITRATORS’ CORNER on page 5)

(See SIGNING AN AWARD on page 2)

Third Quarter 2011

At a time in which in-ternational arbitration cas-es are growing in number and complexity, arbitrators should not lose sight of cer-tain basic do’s and don’t’s. Without intending to pro-vide a comprehensive list,

this article discusses significant issues that — in light of the recent case law from around the world — arbitrators may need to consider before executing the award and dispatching it to the parties. Of course, in addition to addressing these issues, there is no substitute for abiding by the applicable ar-bitration clauses, rules and laws, as well as the relevant guide-lines issued by the institution that may be administering the proceedings (the ICC, for instance, provides a comprehensive checklist aimed at facilitating the issuance of awards).

Forms And Procedures For Signing The Award

1. Know the writing and signature formalities It is not infrequent for arbitration rules and the laws of the

seat to contain provisions on how to address situations in which one or more arbitrators refuse to sign the award.

See, e.g., Bursa Büyüksehir Belediyesi v Güris Insaat VE Mühendislik AS, Supreme Court, December 5 2008, Nether-lands Court Reports [NJ 2009,6]. This case involved a major-

SOME ISSUES TO CONSIDER BEFORE SIGNING AN AWARD

Mont P. Hoyt and Aníbal SabaterWelcome to the inaugural “Young Ar-

bitrators’ Corner” (“YAC”). The YAC will aim to explore topics primarily of interest to those in the early years of their arbitration careers. Here you may expect to find inter-views, reports from conferences, discussions of how to succeed in law firm practice, and useful tips of the trade. This first YAC will

focus on the relative benefits of the arbitration related extra-curricular activities that abound.

Serving clients, meeting annual billable-hour require-ments, and the other obligations of law-firm life can be daunt-ing. Undeterred, you decide that this is the year you will carve out time for professional development. But your firm has cut its already slim budget for conference attendance and, shock-ingly, no one has invited you to speak at the next Tylney Hall or to chair the ITA’s Young Arbitrators’ Initiative. What can you do? What should you do?

Attending Arbitration Conferences

Arbitration conferences have proliferated in recent years. The color, glossy brochures and email invitations are pretty enticing. And your colleagues always seem to have just met the crème of arbitration luminaries at the latest limited-entry seminar. Are you missing out?

Benefits: Depending on the quality, attending an arbitra-tion conference can be a valuable professional and educational experience. Some provide a rare and instructive glimpse into the views on procedural and legal interpretation of individu-als you might see on a future tribunal. Others provide valuable substantive updates on commercial or investment arbitration or particular types of disputes, such as oil and gas, intellec-tual property, or construction disputes. Conferences are also a verdant ground for meeting individuals whom you might find

YOUNG ARBITRATORS’ CORNERNoelle C. Berryman

Wilmer Cutler Pickering Hale and Dorr LLP, London

Mont P. Hoyt Aníbal Sabater

Noelle C. Berryman

The Institute for Transnational ArbitrationA Division of

The Center for American and International LawPrinted by the

Dedman School of Law at Southern Methodist University

Page 2

The Institute for Transnational Arbitration (ITA) is a division of The Center for American and International Law (formerly The Southwest-ern Legal Foundation), an international center for continuing education located in Plano, Texas, USA. ITA’s focus is education. It encourages through practical education the resolution of transnational investment and commercial disputes by arbitration. ITA is not an arbitration center. It does not administer or supervise arbitrations, nor does it act as an ap-pointing authority of arbitrators.

EXECUTIVE COMMITTEE OF THE ITA ADVISORY BOARD

(SIGNING AN AWARD, cont’d from page 1)

(See SIGNING AN AWARD on page 4)

ity award issued in The Netherlands after a co-arbitrator re-fused to sign it. Article 1057(3) of the Dutch Code of Civil Procedure states: “If a minority of the arbitrators refuses to sign, the other arbitrators shall make mention thereof beneath the award signed by them. This statement shall be signed by them.” The award at issue, even though signed by a major-ity of arbitrators, did not contain any statement regarding the third co-arbitrator’s failure to sign. Initially, the Hague District Court set aside the award for its failure to comply with Article 1057(3). The Supreme Court affirmed the lower court’s rul-ing, specifically holding that Article 1057(3) applies not only to domestic but also to international cases.

2. Heed contractual limitations regarding the form of the award

Arbitration remains a creature of contract, and occasion-ally the parties provide for requirements that run contrary to standard international arbitration practice. Failure to observe these requirements may compromise the validity of the award.

See, e.g., Murcia Court of Appeal, Opinion no. 448/2009 dated October 8, 2009. Case No. 161/2008: M Óscar X and Ms. Lourdes Y v. IA Los Caperos S.L., Núcleos Ganaderos S.L., et. al. The Court of Murcia — in the Spanish southeast — an-nulled a majority award because the arbitration clause spe-cifically provided that the award should be unanimously ren-dered by the arbitral panel.

3. Know the post-award formalities In certain civil law jurisdictions, the applicable laws may

require that the award be registered with the appropriate courts or authorities of the seat. In most cases it is the tribunal that is expected to request and obtain this registration. Failing that, either party — the winning party interested in enforcing the award or the losing party interested in challenging it — may apply for and obtain registration.

See, e.g., the Dutch Code of Civil Procedure. Under Arti-cle 1058(b) of the Code, the arbitral tribunal shall ensure that “the original of the final or partial final award is deposited with the Registry of the District Court within whose district the place of arbitration is located.” This deposit is important because, among other things, it triggers the time limit within which the parties may request that the award be set aside un-der Article 1064 of the Dutch Code of Civil Procedure.

Substance of the Award

4. Address all significant issues and provisions Before finishing the award, the tribunal should identify all

the relevant contractual and legal provisions of significance for the case, analyze them, and determine whether they im-pact the case and if so how. Failure to do so may affect the validity of the award.

Chair .................................................................................................................... Lucy F. ReedVice Chair .......................................................................................Prof. Charles H. Brower, IIVice Chair ............................................................................................. Jonathan C. HamiltonVice Chair ...................................................................................................Joseph E. NeuhausVice Chair ....................................................................................................... R. Doak BishopVice Chair ................................................................................................... Bernard HanotiauVice Chair ............................................................................................... Abby Cohen SmutnyMember at Large ........................................................................................Prof. Jack J. Coe, Jr.Member at Large ............................................................................................. Aníbal SabaterMember at Large ...................................................................................... Prof. Peter WinshipPast Chair ....................................................................................The Hon. Charles N. BrowerPast Chair ................................................................................................Prof. David D. CaronPast Chair ........................................................................................ Donald Francis DonovanPast Chair ................................................................................................. Ewell E. Murphy, Jr.Past Chair ................................................................................................Jeswald W. SalacuseChair, Academic Council ................................................................Prof. Charles H. Brower, IIVice Chair, Academic Council.........................................................Prof. Andrea K. BjorklundVice Chair, Academic Council.......................................................... Prof. Christopher GibsonChair, Americas Initiative ............................................................................... Eduardo ZuletaChair, Young Arbitrators Initiative...............................................................Thomas W. WalshCo-Chair, Strategic Planning Committee ....................................................... R. Doak BishopCo-Chair, Strategic Planning Committee ................................................. Jonathan HamiltonCo-Chair, Strategic Planning Committee ...................................................Joseph E. NeuhausCo-Chair, Membership Committee .................................................................. Jean E. KalickiCo-Chair, Membership Committee ............................................................Dietmar W. PragerCo-Chair, Membership Committee .........................................................Cecilia Flores RuedaCo-Chair, Networking Committee .................................................................Kathleen PaisleyCo-Chair, Programs Committee .......................................................................Wendy J. MilesCo-Chair, Programs Committee ...................................................................... Klaus ReichertCo-Chair, Winter Conference Development Committee ............................ Prof. Susan Franck Co-Chair, Winter Conference Development Committee ..................................Leah D. HarhayChair, Sponsorships Review Task Force .......................................................... Aníbal SabaterEditor, News & Notes ..................................................................................... Stephen WallaceGeneral Editor, Board of Reporters/KluwerArbitration.com .................. Prof. Roger P. AlfordManaging Editor, Board of Reporters/KluwerArbitration.com .......................... Seem MalehCo-Editor-in-Chief, World Arbitration and Mediation Review ..... Prof. Charles H. Brower, II.Co-Editor-in-Chief, World Arbitration and Mediation Review ...............Prof. David D. CaronCo-Editor-in-Chief, World Arbitration and Mediation Review .............. Abby Cohen SmutnyManaging Editor, World Arbitration and Mediation Review ..........................Leah D. Harhay2012 ITA Workshop Co-Chair ............................................................... Prof. Tai-Heng Cheng2012 ITA Workshop Co-Chair ......................................................................Philippe Pinsolle2012 ITA Workshop Co-Chair .....................................................................Jennifer M. Smith CAIL President ....................................................................................... Michael J. MarchandITA Director .....................................................................................................David B. WinnITA Associate Director ................................................................................. J. Alan B. Dunlop

This newsletter is a quarterly publication of ITA. It is edited by Stephen Wallace, Vice President & General Counsel, Westlake ChemicalCorporation, in Houston.News and Notes is published for ITA by The Dedman School of Law at Southern Methodist University.Correspondence regarding the newsletter should be addressed to:Stephen Wallace, Vice President & General CounselWestlake Chemical Corporation2801 Post Oak Blvd. • Houston, TX 77056 U.S.A.Phone: 713-585-2625 • Fax 713-629-6239E-mail: swallace@westlake.comSubscription to this quarterly, News and Notes, is available to the public at an annual price of $30.Correspondence regarding ITA should be addressed to the ITA Director, David B. Winn, at: The Center for American and International Law5201 Democracy Drive, Plano, Texas 75024 U.S.A.Phone: 972-244-3412 • Fax: 972-244-3401 • E-mail: dwinn@cailaw.org

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THE 2011 WORKSHOP, FORUM, ROUNDTABLE AND ITA

ADVISORY BOARD EVENTS

Registrants and faculty from more than 36 countries and the U.S. states assembled in Dallas on June 16, 2011 for the 22nd An-nual ITA Workshop. The Workshop was presented in the form of mock performances, interspersed with expert commentaries on international arbitration issues dramatically portrayed. The Workshop also featured a panel of leading in-house counsel pro-viding corporate perspectives on the arbitral process.

The mock was presented in three acts, each addressing a dif-ferent point in the planning and initial stages of an international commercial arbitration: assembling your case and evidence (Act I); presenting your case at the merits hearing (Act II); and presenting your testimonial evidence (Act III). The Workshop was organized and co-chaired by Michael Goldberg (Baker Botts L.L.P., Houston), Wendy Miles (WilmerHale London), and Prof. Guido S. Tawil (M. & M. Bomchil and University of Buenos Aires, Buenos Aires). The corporate perspectives panel following the mock arbitration was moderated by Alan R. Crain, Jr. (Baker Hughes Inc., Houston) who was joined by panelists Dennis J. Grindinger (Hunt Oil Co., Dallas), Javier Rubinstein (PricewaterhouseCoopers International, Ltd., New York), and Eric Liebeler (Siemens AG, Munich).

The luncheon address was presented by Toby Landau (Essex Court Chambers, London) on “Advocacy in International Arbi-tration.” Transcripts of the Workshop performance will be pub-lished in early 2011 in ITA’s law journal, World Arbitration and Mediation Review. The journal is free to ITA members and oth-erwise available through Juris Publishing. The live program will be developed into an educational DVD under the guidance of Prof. Gibson, vice chair of ITA’s Academic Council.

ITA Advisory Board Reception and Dinner MeetingFollowing the Workshop, more than 120 members of the Advi-

sory Board, the faculty and their guests reconvened in the evening for the annual Advisory Board reception and dinner. The event took place at the “Circle R Ranch,” an authentic ranch amidst acres of green rolling hills and open pasture in the North Texas countryside.

ITA Friday Morning ForumThe following morning, more than 90 members of the Advi-

sory Board, Academic Council, Board of Reporters and Work-shop faculty participated in the annual ITA Forum, an open, informal discussion of current issues and continuing concerns among experienced practitioners from many countries. The first half of the Forum was moderated by Tom Sikora (El Paso Corpo-ration, Houston) and Jennifer Smith (Baker Botts LLP, Houston). The second half of the Forum was moderated by Klaus Reichert SC (Brick Court Chambers, Dublin) and Laura Robertson (Con-ocoPhillips, Houston).

6th Annual Dallas RoundtableAs has become our custom, the sixth annual Dallas Round-

table was held on the evening before the Workshop. This year, the Roundtable, presented by ITA, the ICC Young Arbitrators Fo-rum, ICDR Young & International and the LCIA Young Interna-tional Arbitration Group, was open to all Workshop participants, international arbitration practitioners from any discipline and of any age or experience level. The Roundtable included two pan-els of young and not-so-young international arbitration counsel and concluded with a networking reception. The first panel ex-plored issues concerning written submissions, moderated by Ceci-lia Flores Rueda (Santamarina y Steta, Mexico City), Marti Cherry (Fulbright & Jaworski L.L.P., Houston), Baiju Vasani and Thomas W. Walsh (Sullivan & Cromwell LLP, New York). The second pan-el, moderated by Victoria Shannon (ICC International Court of Arbitration) along with Noelle Berryman (Wilmer Hale, London) and James H. Boykin (Hughes, Hubbard & Reed LLP, Washington, D.C.), addressed the presentation of oral evidence.

2011 Co-Chair Prof.Guido S. Tawil

2011 Co-Chair Wendy Miles

2011 Co-Chair Michael Goldberg

Klaus Reichert SC and Laura Robertson, Co-Moderators (second

half of Friday Morning Forum)

Roundtable panelists Thomas Walsh, Baiju Vasani, and Marti Cherry. Moderator was Cecilia Flores Rueda (not shown).

Panelists Noelle Berryman, James H. Boykin and Roundtable moderator Victoria Shannon.

Jennifer Smith and Tom Sikora, Co-Moderators (first half of Friday

Morning Forum)

Luncheon SpeakerToby Landau

David Winn, Guido Tawil, Wendy Miles, Michael Goldberg, and Lucy Reed.

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See, e.g., Malaysian Historical Salvors, SDN, BHD v. Malay-sia, ICSID Case No. ARB/05/10, 16 April 2009. The Ad hoc Committee annulled the award, inter alia, because “it altogether failed to take account of and apply the Agreement between Ma-laysia and the United Kingdom defining ‘investment’ in broad and encompassing terms but rather limited itself to its analysis of criteria which it found to bear upon the interpretation of Ar-ticle 25(1) of the ICSID Convention . . . .” Para. 80.

5. Check the reasoning of the awardThe award should rule on the disputed facts and the appli-

cable law, as well as apply as necessary the relevant law to the facts. In certain civil law jurisdictions in particular, an award may be treated as unreasoned not only if it fails to state the grounds on which it is based, but also if the grounds provided in it are undeveloped or fragmentary.

See, e.g., Nannini v. SFT Bank, Hoge Raad der Nederland [HR] / Supreme Court of the Netherlands, Jan. 9 2004, NJ 2005. Article 1065(1)(d) of the Dutch Civil Code allows for the an-nulment of awards. Prior to Nannini Article 1065(1)(d) had been widely understood to mean that an arbitral award would only be set aside if, in fact, it contained “no reasons at all.” (Mar-nix Leijten and Bommel Van der Bend, A Guide to the NAI Ar-bitration Rules 289 (2009). This view, however, was challenged in 2004, when the Supreme Court in Naninni v. SFT upheld a set-aside action on the grounds that the arbitral award did not provide “convincing reasoning” for its decision. The Supreme Court has since backed away from the position.

6. Pay attention to potential ambiguities An award should not be ambiguous or leave doubts as to

the rulings of the arbitrators. See, e.g., Bakery, Confectionery and Tobacco Workers Local

Union Number 362 v. Brown and Williamson Tobacco Corpo-ration, 971 F.2d 652, 655 (11th Cir. 1992). “The district court determined the language of the award was ambiguous because both parties offered ‘incongruous, yet plausible,’ interpreta-tions of the arbitrator’s award. We hold the district court did not err in remanding the decision for clarification of the am-biguous language in the award.”

Areas particularly susceptible to ambiguity in awards include interest calculation — and whether and if so how it should be compounded — and the tribunal’s position re-garding claims and allegations not expressly addressed in the award. It is usually a good technique to indicate at the end of the award that all claims, defenses, counterclaims, and allega-tions not expressly granted are dismissed.

7. Determine the applicable currency If the contract or the applicable law clearly establishes the

currency in which the award must be made, arbitrators should follow these indications. If the contract or the applicable law

is unclear or silent on this issue, the arbitrators should take some time to explain why they have decided to issue the award in any given currency. Under the New York Conven-tion, enforcement may be denied if the arbitrators have ex-ceeded their mandate by awarding more than, or something different from, what the parties agreed to.

See, e.g., Lesotho Highlands Development Agency v Impre-gilo SpA [2003] EWCA Civ. 1159. The UK High Court of Justice, Commercial Court, concluded that at the tribunal did not have “the power to make an award in currencies other than those stipulated for in the contract” and that the tribunal purported to “exercise a discretion which they wrongly be-lieved was conferred on them . . . .” The award was remitted to the arbitrators for reconsideration.

Other Potentially Significant Issues 8. Identify the award properly

An award should be clear regarding whether it is partial or not, interim or final. The arbitrators should be aware that, irrespective of the way in which they characterize their ruling — e.g., by calling it an order — it may still be considered as an award by the administering institution, the parties, and the relevant jurisdictions.

See, e.g., Braspetro Oil Services v. The Management and Im-plementation Authority of the Great Man-Made River Project, Paris Cour d’Appel 1/7/99, reproduced in XXIVa YBCA 297-8 (1999). The Paris Court of Appeal concluded that “the quali-fication of [a decision as an] award does not depend on the terms used by the arbitrators …. This reasoned decision – by which the arbitrators considered the contradictory theories of the parties … and solved, in a final manner, the dispute … and thereby ending the dispute submitted to them – appears to be an exercise of its jurisdictional power .… [N]otwithstanding its qualification as an ‘order’ … the decision … is thus indeed an award.” Note also that once a final award is issued a tribu-nal is typically functus officio, and precluded from altering or reversing the award, subject to limited common law exceptions. See, e.g., Green v. Ameritech Corp., 200 F.3d 967 (6th Cir. 2000).

The late Mont P. Hoyt was an ITA Advisory Board Mem-ber and an international lawyer with decades of experience as an arbitrator. ITA Advisory Board and Executive Committee Member Aníbal Sabater is a partner specializing in interna-tional arbitration at Fulbright & Jaworski L.L.P. The opinions expressed in this article are the authors’ and do not necessarily represent those of their firms or clients. The authors are grateful for the assistance they received from Paul J. Neufeld, an associate attorney at Fulbright & Jaworski L.L.P., in the preparation of this piece.

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yourself proposing to a client as arbitrators, referring work, or find sitting across the table at an upcoming hearing.

Worth your time? And, particularly in this case, your firm’s money? Conference fees can run to the thousands, in addition to the opportunity cost relative to other work. But do not let the cost of some conferences deter you. Seminars can be one to three hour long affairs with a networking element, or they can last three days or more; some are free and others have soaring fees; some are local and others require expensive travel. Many state bar associations have international arbitra-tion committees that host excellent free talks on recent devel-opments in arbitration right in your city.

Unsure of which conference to attend? Try to identify the professional objectives for your attendance and avoid focus-ing on whether it is in a sunny location or is famous for its late-night parties. Ask a trusted mentor’s opinion. Perhaps target conferences that align with a particular niche area in which you are interested.

Attending Arbitration Skills Workshops

A number of organizations offer skills training for inter-national arbitration practitioners in a learning-by-doing in-struction format, rather than a passive, speaker-audience model, such as the following organizations:

• Institute for Transnational Arbitration (ITA) demon-strates oral advocacy problems in practical settings at its annual and regional workshops;

• Foundation for International Arbitration Advocacy (FIAA) offers programs dedicated to specific advocacy training techniques;

• PIDA offers mock arbitration training programmes through the ICC;

• Swiss Arbitration Academy, Cologne Arbitration Acad-emy, and V. Düsseldorf International Arbitration School offer weeks-long intensive arbitration training courses; and

• National Institute for Trial Advocacy (NITA) and Keble College, Oxford offer trial-specific courses and oral advo-cacy techniques for American and British practitioners, respectively.

Benefits: These often intense instructional programs re-ceive very positive reviews from participants and employ the highest caliber experienced educators. If you are prepared to work hard and pay attention, you will certainly improve your skills.

Worth your time? There is a substantial time commit-ment and cost, ranging from one day to several weeks of in-struction and from US$500 to upwards of US$6000, in addi-tion to travel expenses. Depending on the quality and breadth of work you are getting in your practice, you might already be getting the experience, feedback, and instruction that these programs hope to simulate. However, it may be worthwhile to hone your advocacy skills in a workshop to prepare for the in-creasingly rare opportunities in the professional environment.

Writing, Writing, Writing

Writing opportunities abound. In addition to academic articles for scholarly international arbitration journals and law school reviews, local and international bar associations have publications that seek shorter, practice-based submis-sions. You could draft a practice update to your firm’s clients on a salient point of law, a recent decision, or an arbitration award, or assist with a partner’s arbitration treatise. If you have an idea and you invest in writing a quality piece, chances are good that you will find a place to publish it.

Benefits: More than anything else, lawyers write. There is no substitute for good, old-fashioned practice when it comes to improving one’s writing. Writing as an advocate to persuade an arbitration tribunal is different from writing an academic article or a legal research memorandum. Practice writing for different audiences will refine your writing skills and the required research will improve your investigative skills – or management skills (if directing others’ research). Co-authoring an article with a leader in the field (who, quite handily, happens to be a partner in your firm) is a wonderful way to earn her respect – and can lead to invitations to speak at or submit papers for conferences.

Worth your time? Almost always. If you have no ideas for a prescient topic, seek the advice of a mentor. In a busy law practice, inevitably, someone will have an idea on which they simply have not had the time to follow up.

Lecturing at a University or Law SchoolSome of our colleagues teach courses as visiting lecturers;

others are full adjunct professors.

Benefits: Teaching requires one to learn a subject in as-tonishing breadth and depth and develop ease with oral pre-sentations, which is likely to make you a better, more well-informed lawyer. There is nothing quite like being put on the spot by a question from a very bright student in front of a

(See YOUNG ARBITRATORS’ CORNER on page 6)

Page 6

class of 30 to make one be on her game! It may also help you understand foundational concepts in a way that research for and written advocacy of arguments chosen by the exigencies of a case might not. Also, it can be a very rewarding break from the office.

Worth your time? This really depends on (1) personal interest and (2) your firm’s support. It can be very time-con-suming. You can expect to spend three hours outside of class preparing for every hour spent in class – in addition to doz-ens of hours preparing the syllabus. Some truly believe that teaching can be foundational in making one a better, more valuable lawyer to the firm and marks those truly dedicated to the law. Others take the more jaundiced view that teaching does not directly develop clientele or improve client service. It is not right for everyone, but it can be immensely rewarding.

Serving in Arbitration Organizations

Many arbitration institutions have groups for younger practitioners: the ICC’s Young Arbitrators’ Forum; the LCIA’s Young International Arbitration Group; the ICDR’s Young & International; and the Deutsche Institution für Schiedsgerichts-barkeit’s DIS-40. Also, many independent associations exist, such as the ITA’s Young Arbitrators Initiative, ASA Below 40, Young ICCA, and a number of regional young lawyers groups. Chairs of these organizations often are responsible for orga-nizing the fascinating discussion panels, conferences, and networking and social events that we all would like to attend.

Benefits: Co-chairs of these organizations are often looked upon by their colleagues as the anointed few. Indeed, it is an honor to lead these organizations. Of the many bene-fits, I am told that the greatest are the contacts made and rela-tionships built over time. Organizers of arbitration events are likely to get to know the speakers for the event, who are often experienced arbitrators. Worried that you are being passed over? Consider starting your own organization. Depending on where you practice, there may be a room for another young arbitrators’ group of which you could be the founding chair!

Worth your time? If you are invited to co-chair an orga-nization and you are able to manage it alongside your other commitments, yes. The effort can be very rewarding, earn you the respect of your colleagues, and can build on itself, leading to other opportunities. However, the amount of time and effort involved in taking the helm of these organizations is substantial. In addition to the regular teleconferences with

the other co-chairs, there can be a lot of travel – and time away from home.

Participating in Moot Activities

Some of our colleagues coach moot teams. Others read and mark pre-moot memorials or judge rounds (such as those for the Willem C. Vis Moots in Vienna and Hong Kong, the Philip C. Jessup International Law Moot in Washington, D.C., and the Foreign Direct Investment International Arbitration Moot in London).

Benefits: You are giving back to the community in a man-ner similar to teaching, without the semester-long commit-ment. You rub elbows with colleagues in the same profession and meet the next generation of arbitrators. Also, there is a strong networking element: the social aspects of the Vis Moot in Vienna have become the stuff of legend, for example.

Worth your time? Your interest and your firm’s support are key to making this determination. With the more limited time commitment, there are fewer barriers to participation than teaching or chairing an organization. Marking memori-als can be a good learning experience for younger arbitration lawyers who seldom edit others’ work. And judging rounds and the accompanied networking can be a lot of fun, can help you to meet others in the arbitration community, and can help you review some key foundational points of arbitration.

These are just a few of the opportunities available to de-velop contacts and keep on the cutting edge of international arbitration. There is no single right answer as to which you should choose. It depends on personality, the flexibility of your work day, and, usually, what you can convince your em-ployer to support. But it is worthwhile to step outside of the billable-hour box and get involved. The experience bright-ens and enriches not only your career, but the community in which you practice and live.

Noelle C. Berryman is counsel in the London office of Wilm-er Cutler Pickering Hale and Dorr LLP. She may be reached at noelle.berryman@wilmerhale.com.

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Page 7

World Arbitration & Mediation Review, a publication of the ITA, reports:

New staff members / Assistant Editors:

Kate Apostolova (Assistant Editor) is an associate at Cleary Gottlieb Steen & Hamil-ton, New York. Her practice focuses on in-ternational arbitration and litigation. Ms. Apostolova received a J.D. degree in 2010 from the University of California, Berke-ley School of Law, where she was Editor-

in-Chief of the Berkeley Journal of International Law and a Research Assistant for Professor David D. Caron. Her publications include “The Relationship between the Alien Tort Statute and the Torture Victim Protection Act,” Berke-ley Journal of International Law, 2010 and “International Arbitration in Eastern Europe: Comparative Study of UNCITRAL Model Law, Latvian and Slovakian Arbitration Laws,” Institute of Slavic East European, and Eurasian Studies, 2010. Ms. Apostolova’s native language is Bulgarian. Charles (“Chip”) B. Rosenberg (As-sistant Editor) is the International Ar-bitration Law Clerk to The Honor-able Charles N. Brower, based in The Hague, The Netherlands. Previously, Mr. Rosenberg practiced international trade law at Hogan Lovells in Washing-ton, D.C. He graduated first in his class, summa cum laude from the American University Washington College of Law. Mr. Rosenberg and his wife, Sydney, have a two-year old son, Harrison. New positions for current staff:

M. Anderson Berry (Editor, WAMR on the Web) is an attorney with Jones Day in San Francisco. He focuses on complex civil litigation and international arbitra-tion. He is currently occupied with a BIT arbitration and multiple parallel domestic and international proceedings involving a South American state and a multinational

oil company. Mr. Berry received his J.D. from the Univer-sity of California, Berkeley School of Law, where he was a Research Assistant for Professor David D. Caron.

Nontas Triantafilou (Assistant Managing Editor) is Legal Counsel at the Permanent Court of Arbitration in The Hague, The Netherlands. Previously he practiced in-ternational arbitration with White & Case LLP and served as Legal Assistant to the Hon. Charles N. Brower, Arbitrator, 20 Es-sex St. Chambers. Nontas holds BA and MA degrees in Politics from Brandeis University and a JD from The University of Chicago.

Rafael T. Boza (Associate Managing Edi-tor) is an attorney with Adair & Myers in Houston. Mr. Boza holds LL.B. (Peru), J.D. (U.S.), and LL.M. (Belgium) degrees and is authorized to practice law in Peru and Texas. He was legal counsel at an interna-tional bank in Chile and in Peru’s Office of the Minister of Foreign Trade and Tour-

ism. Mr. Boza’s practice focuses on commercial litigation, including alternative dispute resolution, arbitration and mediation, as well as transactional and international busi-ness law.

Sylvia Tonova (Executive Editor) is an at-torney in the Washington, D.C. office of White & Case, LLP. Her practice focuses on the representation of sovereign States and private clients in investment treaty and commercial arbitration matters. Ms. Tonova has experience under the ICSID, ICC, Vienna International Arbitral Cen-tre, and UNCITRAL arbitration rules. She also assists in structuring foreign investments to benefit from the protec-tion of investment treaties. Prior to joining White & Case, Ms. Tonova conducted research on the development of small and medium-sized enterprises at the United Nations Economic Commission for Europe in Geneva, Switzerland.

Kate Apostolova

Nontas Triantafilou

Rafael T. Boza

Charles B. Rosenberg

M. Anderson Berry

Sylvia Tonova

NEWS FROM WORLD ARBITRATION & MEDIATION REVIEW (WAMR)

Page 8

TRANSNATIONAL ARBITRATION EXPERTS…IN THE NEWS

Wendy J. Miles

Mark A. Clodfelter

Glenn R. Legge

Andy Lenny

Giugi Carminati

John P. Cogan, Jr.

Edna SussmanStanley P. Sklar

David Arias

Linn Bergman

Robert J.C. Deane

Gilberto Giusti

Valeria Galíndez

Andrés Jana L.

Ronald E.M. GoodmanJanis H. Brennan

Omar M.H. Aljazy of Aljazy & Co., Am-man, ITA’s Reporter for Jordan, was appointed by the Prime Minister of Jordan to the Na-tional Dialogue Committee with the mandate of drafting the Elections Law, Political Parties Law and proposing constitutional amend-ments. Also, he was appointed as a board member of the Military Credit Fund which is considered as the Armed Forces Bank. Finally, his law firm in association with SADER Legal Publishing has established SADER for Legal Publishing – Jordan.

Omar M.H. Aljazy

Thabiso van den Bosch

Sustaining Member Wilmer Cutler Picker-ing Hale and Dorr has added Wendy J. Miles (London) as a representative to the Advisory Board.

New Supporting Member Foley Hoag LLP has added Janis H. Brennan (Washington, DC), Mark A. Clodfel-ter (Washington, DC) and Ronald E.M. Goodman (Wash-ington, DC) as representatives to the Advisory Board.

New Supporting Member Pinheiro Neto Ad-vogados has added Gilberto Giusti (São Pau-lo) as a representative to the Advisory Board.

New Sponsoring Member Conway & Partners N.V. has

added Thabiso van den Bosch (Rotterdam) as a representative to the Advisory Board.

New Sponsoring Member Cogan & Partners LLP has added John P. Cogan, Jr. (Houston) as a representative to the Advisory Board.

New Sponsoring Member PEREZ-LLORCA has added David Arias (Ma-drid) as a representative to the Advisory Board.

New Sponsoring Member Dias Carneiro Ad-vogados has added Valeria Galíndez (São Pau-lo) as a representative to the Advisory Board.

Sponsoring Member Legge, Farrow, Kimmitt, McGrath & Brown, L.L.P. has added Glenn R. Legge (Houston) as a representative to the Advisory Board.

New Associate Members are Alexandra Andreeva (LLC MOL-Russ, Moscow), Giugi Carminati (Weil Gotshal & Manges, LLP, Houston), Paulo Rogério Brandão Couto (Machado, Meyer, Sendacz e Opice Advoga-dos, Rio de Janeiro), Robert J.C. Deane (Borden Ladner Ger-vais LLP, Vancouver), Andrés Jana L. (Bofill Mir & Álvarez Jana, Santiago), Andy Lenny (Arthur Cox, Dublin), Stanley P. Sklar (DePaul University, School of Law, Chicago), and Edna Sussman (SussmanADR LLC, Scarsdale).

New Arbitral Institutions Member Stockholm Chamber of Commerce (SCC) has added Linn Bergman (Stockholm) as a representative to the Advisory Board.

Page 9

TRANSNATIONAL ARBITRATION EXPERTS…IN THE NEWS

Academic Council member José E. Alvarez, Herbert and Rose Rubin Professor of Interna-tional Law at New York University School of Law, writes that 2011 has been a banner year for his scholarship on the rules governing inter-national investment. In September, the United Nations posted his lecture, “An Introduction to

the Evolving International Investment Regime,” on its online audiovisual library. And earlier this year, he published two books on the topic: The Evolving International Investment Regime: Expectations, Realities, Options, which he co-edited, and The Public International Law Regime Governing Inter-national Investment, a compilation of lectures he delivered at the Hague Academy of International Law.

ITA Advisory Board member Prof. Dr. Karl-Heinz Böckstiegel of Bergish-Gladbach, Ger-many, reports that a “Karl-Heinz Böckstiegel Lecture” series has just been started and the first was held on September 9th with a wide at-tendance from participants from all over the world. The first lectures were given by the heads of the ICSID and ICC arbitration institutions, Meg Kinnear and John Beechey.

The Hon. Charles N. Brower of 20 Essex Street Chambers, London, a former chair of the Ex-ecutive Committee of ITA’s Advisory Board, re-ports that American Lawyer’s biennial (in odd years) “Focus Europe” Summer Supplement has found him to be in 2011, as it had in its next previous issue in 2009, no. 1 in its listing of “Ten Top Arbitrators.” Scoring is on the ba-

sis of the number of cases in which an arbitrator is serving during the period covered that (1) involve US$500 million or above, in the case of commercial cases, or (2) at least US$100 million, in the case of treaty-based investment dispute arbi-trations. Mr. Brower’s count in both the 2009 survey and the 2011 survey was 25 qualifying cases.

Alfredo De Jesús O., ITA’s Reporter for Ven-ezuela, has been designated Member of the Re-view Committee of the IACL – International Arbitration Case Law, an academic project, in partnership with the School of International Arbitration of the Queen Mary University of London, that aims at disseminating important decisions relevant to legal practitioners and scholars in the field of international arbitration and dispute resolution.

Advisory Board member Santiago Dellepiane of Compass Lexecon, New York, has recent co-authored “Using an Event Study Method to Compute Damages in International Arbitra-tion Cases,” The Journal of International Arbi-tration, vol. 8, no. 4.

Academic Council member William S. Dodge, a professor at the University of California, Hastings College of the Law, has been appoint-ed Counselor on International Law to the Le-gal Adviser at the U.S. Department of State.

ITA Associate Member Lauro Gama has been invited by the Curatorium of the Hague Acad-emy of International Law to give a special course in the Academy’s private international law summer program in 2016.

Advisory Board member Dr. Leonardo Giacchino of Solutions Economics, LLC, has co-authored a book with Dr. Jonathan Lesser entitled “Principles of Utility Corporate Fi-nance” published by Public Utilities Reports, Inc. (PUR). Additionally, he has collaborated in the revision of the “Public Utilities Re-ports Guide: The Standard Educational Tool for Training Utility Employees” also by PUR. Finally, he has committed to a second edition of his book “Fundamentals of Energy Regulation,” forthcoming in 2012.

Advisory Board member Bernard Hanotiau, also ITA’s Reporter for Belgium, writes that his firm, ITA Sponsoring Member Hanotiau & van den Berg of Brussels, celebrated in September the 10th anniversary of its founding. Viewed by many as the first arbitration boutique law firm, it currently has 17 lawyers — four partners and 13 associates— who undertake a variety of in-

ternational disputes work.

Charles N. Brower

Bernard Hanotiau

Karl-Heinz Böckstiegel

José E. Alvarez Santiago Dellepiane

William S. Dodge

Lauro Gama

Leonardo Giacchino

Alfredo De Jesús O.

(See EXPERTS IN THE NEWS on page 10)

Page 10

Steffen Pihlblad

Executive Committee member Leah D. Harhay joined Jones Day as of counsel in San Fran-cisco. Ms. Harhay serves in Jones Day’s inter-national litigation and arbitration practice, expanding the firm’s international litigation and arbitration services in North America and building on its experience and reputation in Europe and Asia. In private practice, Leah served as legal secretariat to several tribunals and participated in numerous expert opinions in investor-state arbitrations throughout the world. Leah is also the managing editor of ITA’s World Arbitration & Mediation Review and co-chair of the ITA Winter Forum Development Committee. Her new contact information is this: 555 California Street, 26th Floor, San Francisco, California 94104, tel. 415.626.3939, lharhay@jonesday.com.

Advisory Board member Melinda Jayson of Melinda G. Jayson, P.C., Dallas, has been ap-pointed Specialty Track Chair for the Four-teenth Spring Conference of the American Bar Association’s Dispute Resolution Section, to be held April 18-21, 2012, in Washington, DC.

Richard Kreindler, partner at ITA Support-ing Member Shearman & Sterling in Frankfurt and Professor at the University of Münster, also ITA’s Reporter for Germany, has been selected to deliver lectures in the Private International Law portion of the 2012 Hague Academy of International Law, Summer Program. His lec-tures will address the scope of competence in the face of illegality in contracts and arbitration agreements and they will subsequently be published in expanded written form in the Hague Academy’s Recueil de Cours.

Advisory Board member David T. Lopez of Houston, an ICDR panelist, is the principal author of a chapter on international arbitra-tion to be published in an Arbitration Hand-book by the American Bar Association. The handbook is a project of the Alternative Dis-pute Resolution Committee of the ABA Sec-tion on Litigation.

Advisory Board member Michael D. Nolan of ITA Sponsoring Member Milbank, Tweed, Hadley & McCloy LLP, Washington, D.C., has been appointed as General Counsel of the In-tellectual Property Owners Association. He has recently co-authored Reports of Overseas Pri-vate Investment Corporation Determinations (Oxford Unversity Press: 2011).

Advisory Board member Piotr Nowaczyk of Salans, Warsaw, was recently ranked by Forbes as no. 4 in the joint category of “court litigation and arbitration in Poland.” Mr. Nowaczyk was once again announced a win-ner of ILO Client Choice Awards 2011 by becoming the exclusive winner in the field of arbitration in Poland of the ILO Client

Choice Awards for the second year in a row.

Advisory Board member Dimitris Papavasiliou, Athens, writes that for a second year his firm Papavasiliou D. & Associates has been chosen by Global Law Experts, as well as this time also by the In-ternational Law Referral, as the winner of the year 2011 Greek Gaming Law Firm of the Year Award.

Steffen Pihlblad, one of ITA’s Reporters for Denmark, writes that since 2006 he has been the managing director of the Danish Institute of Arbitration.

ITA Advisory Board and Executive Commit-tee member Aníbal Sabater of ITA Sustaining Member Fulbright & Jaworski LLP, Houston, has been named one of the 45 worldwide lead-ing international arbitration lawyers under the age of 45 by Global Arbitration Review. The 2011 GAR Guide, 45 under 45, is a peer-re-viewed guide that considers about 150 pro-files before narrowing the field down to 45 individuals.

Aníbal Sabater

Leah D. Harhay

Richard Kreindler

David T. Lopez

Michael D. Nolan

Dimitris Papavasiliou

(EXPERTS IN THE NEWS, cont’d from page 9)

Piotr Nowaczyk

Melinda Jayson

TRANSNATIONAL ARBITRATION EXPERTS…IN THE NEWS

Page 11

Jeswald W. Salacuse, Henry J. Baker Professor of Law at the Fletcher School of Law and Di-plomacy, Tufts University, and past chairman of the ITA Advisory Board Executive Commit-tee, was appointed by Robert Zoellick, Presi-dent of the World Bank and ex-officio Chair-man of the International Centre for Settlement of Investment Disputes (ICSID), to a six-year

term as member of the ICSID Panel of Conciliators until 2017. Salacuse is one of ten panel members, each of whom must have a different nationality, that the ICSID Chairman is authorized to appoint under the ICSID Convention. Academic Council member Professor S.I. Strong of the University of Missouri has re-cently published From Class to Collective: The De-Americanization of Class Arbitration, 26 Arb. Int’l 493 (2010), which has been cited in a jurisdictional decision rendered in the ground-breaking ICSID arbitration Abaclat (formerly Beccara) v. Argentine Republic, which involves 60,000 Italian claimants. Over the summer Prof. Strong com-pleted a research fellowship at the Lauterpacht Centre for In-ternational Law at the University of Cambridge in England and made presentations to the Deutsche-Amerikanische Juristen-Vereinigung (German-American Lawyers Associa-tion) at the Universities of Passau and Frankfurt in Germa-ny. In September, she travelled to Colombia to speak at the Congreso Internacional de Derecho Procesal and teach at the Universidad de Medellín. Her upcoming article, Internation-al Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Per-spective, will be published in volume 22 of the Duke Journal of Comparative & International Law later this fall.

Advisory Board member Edna Sussman, the Distinguished ADR Practitioner in Residence at Fordham Law School, was recently added to the arbitration panels of the Hong Kong Inter-national Arbitration Centre and the Associa-tion Suisse de l’Arbitrage. She continues her service as co-chair of the Arbitration Commit-tee of the American Bar Association’s Section

of International Law and was appointed to the executive com-mittee of the New York Chapter of the Chartered Institute of Arbitrators. Ms. Sussman recently published “A Multilateral Energy Sector Investment Treaty: Is it Time For a Call For

Adoption by All Nations?” in the International Lawyer and “All’s Fair in Love and War — Or Is It? The Call for Ethical Standards for Counsel in International Arbitration” in Trans-national Dispute Management (TDM).

Chinedum Umeche of Banwo & Ighodalo, La-gos, ITA’s reporter for Nigeria, has published: Duty of Nigerian Court to Enforce Arbitration Agreements, YIAG e-News, Summer 2011, pp. 25 – 27; (co-authored) Service of A Company by Substituted Means-A Review of the Supreme Court’s Decision in Kalu Mark & Anr. v. Gabriel Eke, The Appellate Review, (Lagos), 2011, vol. 2

no. 1, pp. 35 – 48; and (co-authored) Between Use and Abuse: An Examination of the Efficacy of Interim and Interlocutory Injunctions in Nigeria, Commonwealth Law Bulletin, (Lon-don), 2011, vol. 37, issue 2, pp. 241 -254.

Jacomijn J. van Haersolte-van Hof of The Hague, ITA’s Reporter for The Netherlands, has been appointed as a member of the Ad-visory Board of the Netherlands Arbitration Institute.

Stephan Wilske, ITA’s Reporter for Turkey, reports the following publications: “Seals, Stamps, and Signatures in International Ar-bitration Agreements,” Contemporary Asia Arbitration Journal, vol. 4, no. 1 (May 2011), pp. 37-55 (co-author); “Corruption in Inter-national Arbitration and Problems with Stan-dard of Proof: Baseless Allegations or Prima

Facie Evidence,?” in: Kröll/Mistelis/Perales Viscasillas/Rogers (eds.), Liber Amicorum Eric Bergsten – International Arbi-tration and International Commercial Law: Synergy, Con-vergence and Evolution, Kluwer Law International, 2011, pp. 489-505 (co-author); and “Why South Africa Should Update Its International Arbitration Legislation — An Appeal From The International Arbitration Community For Legal Reform In South Africa,” Journal of International Arbitration, vol. 28, no. 1 (February 2011), pp. 1-13 (co-author). Also, Dr. Wilske gave a presentation at the 2011 Taipei International Arbitra-tion & Mediation Conference on “Protection of Taiwanese In-vestors by Third Party Bilateral Investment Treaties? — Ways, Means and Limits of Treaty Shopping.”

Jacomijn J. vanHaersolte-van Hof

Prof. S.I. (Stacie) Strong

Edna Sussman

Stephan Wilske

Jeswald Salacuse

Chinedum Umeche

TRANSNATIONAL ARBITRATION EXPERTS…IN THE NEWS

Page 12

CONFERENCES IN 2011-12

The Institute of World Business Law of the Interna-tional Chamber of Commerce will sponsor the fol-lowing event:

November 6-8, MiamiNew ICC Rules of Arbitration

For information, contact the ICC, tel. +33 1 49 53 29 34, fax +33 1 49 53 29 42, e-mail events@iccwbo.org, or visit the organization’s Web site at www.iccwbo.org.

__________________________________________

The London Court of International Arbitration (“LCIA”) will conduct the following programs:

October 29-30, DubaiSymposium on Int’l Commercial Arbitration

November 30, Mexico City

Young Int’l Arbitration Group Training Seminar

December 2, Mexico CityLatin American & Caribbean Users’ Council

and North American Users’ Council Symposium

March 8, StockholmYoung Int’l Arbitration Group Symposium

March 10, StockholmEuropean Users’ Council Symposium

LCIA Conference Web site: http://www.lcia-arbitra-tion.com/sympconf/sympconf.htm. The LCIA may also be contacted at conferences@lcia.org, or by fax at +44 20 7936 7008.

UPCOMINGITA EVENTS IN 2012

1st ITA Winter Roundtable on the Fundamentals of International Arbitration

February 2, 2012 The Stanford Court Renaissance San Francisco Hotel

San Francisco, California

1st Annual ITA Winter Forum February 2-3, 2012

The Stanford Court Renaissance San Francisco Hotel San Francisco, California

9th ITA-ASIL Conference: Arbitration in Times of Crisis

March 28, 2012 The Fairmont Hotel • Washington, D.C.

5th Americas Roundtable on the Fundamentals of International Arbitration:

Building Skills in International Arbitration — Do’s and Don’ts April 25, 2012

Hotel TBA • Santiago, Chile

8th Annual Americas Workshop: The Merits Hearing:

Getting the Message to the Tribunal April 25-27, 2012

Hotel TBA • Santiago, Chile

7th Annual ITA Dallas Roundtable June 20, 2012

Westin Galleria Hotel • Dallas, Texas

23rd Annual ITA Workshop: Deliberations, Award and Enforcement

June 21, 2012 Westin Galleria Hotel • Dallas, Texas

The ITA Dallas Forum (For members of the ITA Advisory Board,

Academic Council, Board of Reporters, WAMR Board of Editors, Workshop & Roundtable Faculty)

June 22, 2012Westin Galleria Hotel • Dallas, Texas

A

Page 13

The Institute for Transnational ArbitrationA Division of THE CENTER FOR AMERICAN AND INTERNATIONAL LAW

(formerly The Southwestern Legal Foundation) • www.cailaw.org/ita

SCOREBOARDOF ADHERENCE TO TRANSNATIONAL ARBITRATION TREATIES

(as of October 3, 2011)

T

HE

IN

ST

ITU

TE

FOR T

RA NSNATION

AL A

RB

ITR

AT

ION

Changes from previous issue:

NY = Liechtenstein ratified on July 7, 2011. Entry into force on October 5, 2011.

ICSID = None.MIGA = None.IA = None.USBIT = None.OPIC = None.

Abbreviations:NY = United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly, 1958 New York Convention) ICSID = Convention on the Settlement of Investment Disputes (1965)MIGA= Convention Establishing the Multilateral Investment Guarantee Agency (1985) IA = Inter-American Convention on International Commercial Arbitration (commonly, Panama Convention of 1975)USBIT = United States Bilateral Investment TreatyOPIC = Agreements supporting programs of the Overseas Private Investment Corp. Symbols:

S: Signed, but not ratified A: Subscribed, but not R: Ratified, acceded or succeeded signed, ratified or paid (*): Capital-exporting country under MIGA N/A: Not applicable

NY1 ICSID2 MIGA3 IA USBIT4 OPIC5NATION

Afghanistan R R R RAlbania R R R R RAlgeria R R R RAngola R RAntigua and Barbuda R R RArgentina R R R R R RArmenia R R R R RAustralia R R R* Austria R R R* Azerbaijan R R R R RBahamas R R R RBahrain R R R R RBangladesh R R R R RBarbados R R R RBelarus R R R S Belgium R R R* Belize S R RBenin R R R RBhutan Bolivia 6 R R R R RBosnia and Herzegovina 7 R R R R RBotswana R R R RBrazil R R R RBrunei Darussalam R R Bulgaria R R R R RBurkina Faso R R R RBurundi R R RCambodia R R R RCameroon R R R R RCanada R S R* Cape Verde R R RCentral African Republic R R R RChad R R RChile R R R R RChina (People’s Republic) 8 R R R Colombia R R R R RComoros R RCongo R R R R

Page 14

NY1 ICSID2 MIGA3 IA USBIT4 OPIC5NATION NY1 ICSID2 MIGA3 IA USBIT4 OPIC5NATION

Congo (Democratic Republic of) R R R RCook Islands R RCosta Rica R R R R RCôte d’Ivoire R R R RCroatia 7 R R R R RCuba R Cyprus R R R RCzech Republic R R R* R RDenmark 9 R R R* Djibouti R R RDominica R R RDominican Republic R S R R REcuador R R R R REgypt R R R R REl Salvador R R R R S R Equatorial Guinea R REritrea R REstonia R R R R REthiopia S R RFiji R R R RFinland R R R* France 10 R R R* Gabon R R R RGambia R R RGeorgia R R R R RGermany R R R* Ghana R R R RGreece R R R* RGrenada R R R RGuatemala R R R R RGuinea R R R RGuinea-Bissau S R RGuyana R R RHaiti R R R S RHoly See (Vatican City) R Honduras R R R R R RHungary R R R RIceland R R R* India R R RIndonesia R R R RIran R R Iraq R RIreland R R R* RIsrael R R R RItaly R R R* Jamaica R R R R RJapan R R R* Jordan R R R R RKazakhstan R R R R RKenya R R R RKiribati RKorea (North) Korea (Republic) (South) R R R RKosovo R R RKuwait R R R RKyrgyzstan R S R R RLao People’s Democratic Republic R R R

Page 15

NY1 ICSID2 MIGA3 IA USBIT4 OPIC5NATION NY1 ICSID2 MIGA3 IA USBIT4 OPIC5NATION

Latvia R R R R RLebanon R R R RLesotho R R R RLiberia R R R RLibyan Arab Jamahiriya R Liechtenstein R Lithuania R R R R RLuxembourg R R R* Macedonia, Former Yugoslav Republic of 7 R R R RMadagascar R R R RMalawi R R RMalaysia R R R RMaldives R RMali R R R RMalta R R R RMarshall Islands R RMauritania R R R RMauritius R R R RMexico R R R RMicronesia R R RMoldova R R R R RMonaco R Mongolia R R R R RMontenegro R R RMorocco R R R R RMozambique R R R R RMyanmar (Burma) Namibia S R RNauru Nepal R R R RNetherlands 11 R R R* New Zealand 12 R R A Nicaragua R R R R S RNiger R R S RNigeria R R R RNorway R R R* Oman R R R RPakistan R R R RPalau R RPanama R R R R R RPapua New Guinea R R RParaguay R R R R RPeru R R R R RPhilippines R R R RPoland R R R RPortugal R R R* RQatar R R R Romania R R R R RRussian Federation R S R S RRwanda A R R S RSaint Kitts and Nevis R R RSaint Lucia R R RSt. Vincent and the Grenadines R R R RSamoa R R RSan Marino R Sao Tome and Principe S S RSaudi Arabia R R R

Page 16

Notes: (1) Extends to metropolitan and overseas constituent territorial subdivisions but not to overseas dependent territories. Consult UN or ITA for definitive status. Under Art. I(3), 60 states have entered a “reciprocity reservation” (including 8 that will apply it to non-contracting states as well) and 37 states have entered a “commercial reservation”. (2) Extends to metropolitan and overseas constituent ter-ritorial subdivisions and to overseas dependent territories unless specifically excluded. (3) Extends to metropolitan and overseas constituent territorial subdivisions and to overseas dependent territories. (4) Chapter Eleven of the North American Free Trade Agreement (NAFTA) covers U.S. investment in Canada and Mexico. (5) Countries where OPIC programs are generally available will be listed as ratified. At times, statutory and policy constraints, such as Congressionally required certifications on labor practices, may limit the availability of OPIC programs in various countries. Under agreements with certain countries, the host government may be required to approve OPIC assistance for a project. (See also Notes 6, 9, 10, 11 and 12). (6) The Government of the Republic of Bolivia signed the ICSID Convention on May 3, 1991 and deposited its instrument of ratification on June 23, 1995. The Conven-tion entered into force for Bolivia on July 23, 1995. On May 2, 2007, the depositary received a written notice of Bolivia’s denunciation of the Convention. In accordance with Article 71 of the Convention, the denunciation took effect six months after the receipt of Bolivia’s notice, i.e., on November 3, 2007. (7) As of 4 February 2003, The Federal Republic of Yugoslavia has changed its name to “Serbia and Montenegro.” Montenegro declared itself independent from Serbia on June 3, 2006. Bosnia & Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, and Slovenia are separated successor states to parts of the former Yugoslavia and have succeeded to the NY. MIGA, ratified by the former Yugoslavia, is considered

by MIGA as ratified by Serbia & Montenegro and by the aforementioned four separated

successor states. OPIC programs are available in the four separated states. (8) NY and MIGA: includes Hong Kong Special Administrative Region. (See Note 12). (9) NY: includes Faeroe Islands and Green-land. (10) NY: includes, inter alia, French Guiana, French Polynesia, Guadeloupe, Martinique, Mayotte, New Caledonia, Réunion, and St. Pierre and Miquelon. OPIC programs available in French Guiana. (11) NY: includes Aruba and Netherlands Antilles. OPIC programs are available in Aruba and Netherlands Antilles. (12) ICSID: excludes Cook Islands, Niue and Tokelau. (13) NY: includes Bermuda, Cayman Islands, Gibraltar, Guernsey, and Isle of Man. ICSID: excludes British Indian Ocean Territory, Pitcairn Islands, British Antarctic Territory and Sovereign Base Areas of Cyprus. ICSID: continues to include Hong Kong Special Administrative Region. OPIC programs available in Northern Ireland, Anguilla and Turks and Caicos. (14) NY: includes, inter alia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico and U.S. Virgin Islands. (15) West Bank and Gaza are not recognized as states by the United States.

SOURCES:This issue was compiled by Editor Seem Maleh of the Institute for Transnational Arbitration, and Kathleen Amanda Zugsay (SMU intern) based on the following sources: United Nations; ICSID; MIGA; Organiza-tion of American States; OPIC; and the Office of the United States Trade Representative. The Scoreboard is designed to be a convenient reference, but is not intended to be relied on as legal advice. Please consult the sources directly to confirm the status of any particular ratifications, reservations, changes, special conditions or new developments. Copyright 2011, The Center for American and International Law (formerly The Southwestern Legal Foundation).

NY1 ICSID2 MIGA3 IA USBIT4 OPIC5NATION

Senegal R R R R RSerbia 7 R R R RSeychelles R R Sierra Leone R R RSingapore R R R RSlovakia R R R R RSlovenia 7 R R * RSolomon Islands R R Somalia R RSouth Africa R R RSpain R R R* Sri Lanka R R R R RSudan R R Suriname R RSwaziland R R RSweden R R R* Switzerland R R R* Syrian Arab Republic R R R Taiwan RTajikistan R RTanzania R R R RThailand R S R RTimor Leste R R RTogo R R RTonga R RTrinidad and Tobago R R R R RTunisia R R R R RTurkey R R R R RTurkmenistan R R RTuvalu Uganda R R R RUkraine R R R R RUnited Arab Emirates R R R United Kingdom 13 R R R* United States of America 14 R R R* R N/A N/AUruguay R R R R R RUzbekistan R R R S RVanuatu R Venezuela R R R R Vietnam R R RWest Bank and Gaza 15 RYemen R R RZambia R R R RZimbabwe R R R R

Page 17

MEMBERS OF ITA

SustainingBaker Botts L.L.P.ConocoPhillipsDebevoise & Plimpton LLPExxonMobil CorporationFreshfields Bruckhaus Deringer LLPFulbright & Jaworski LLPKing & Spalding LLPSkadden, Arps, Slate, Meagher & Flom LLPVinson & ElkinsWhite & Case LLPWilmer Cutler Pickering Hale & Dorr LLP

SupportingAkin Gump Strauss Hauer & Feld LLPAlvarez & MarsalArnold & Porter LLPBeirne, Maynard & Parsons, L.L.P.Chevron Corp.Coats, Rose, Yale, Ryman & Lee, P.C.Compass LexeconCovington & Burling LLPCrowell & Moring LLPDechert LLPDLA Piper US LLPFoley Hoag LLPGreenberg Traurig, LLP (Miami)Hogan Lovells US LLPLaliveLocke Lord LLPMayer Brown LLPPinheiro Neto AdvogadosProskauer RoseSAI Law & EconomicsSantamarina y StetaShearman & Sterling LLPSullivan & Cromwell LLPThompson & Knight LLPUHY Advisors FLVS, Inc.Ware, Jackson, Lee & Chambers, L.L.P.

SponsoringAdvokat John Kadelburger AB AELEXAllen & Overy LLPArent Fox PLLCAstigarraga DavisAzar, Ortega & Gomez Ruano S.C.B. Cremades & AsociadosBaker Hughes Inc.Barrera, Siqueiros Y Torres LandaBarretto Ferreira, Kujawski, Brancher E GonçalvesBennett Jones LLPBeretta GodoyBlack & VeatchBrown&PageBurnet Duckworth & PalmerCardenas & Cardenas AbogadosClifford ChanceCMS Hasche SigleCMS Von Erlach HenriciCogan & Partners LLP Conway & Partners N.V.Conyers Dill & PearmanCravath, Swaine & Moore LLPDiamond McCarthy, LLPDias Carneiro Advogados

El Paso Corp.Fasken Martineau Dumoulin LLPFernando Eduardo Serec Fraser Milner Casgrain LLPGardere Wynne Sewell LLPGibson, Dunn & Crutcher, LLPGómez-Acebo & PomboGómez-Pinzón ZuletaGonzalez De Castilla Abogados, S.C.Greenberg Traurig, LLP (Dallas)Hanotiau & van den BergHughes Hubbard & Reed JAMS, Inc.Jenner & Block LLPKlein & FrancoLaw Office of John Burritt McArthurLegge, Farrow, Kimmitt, McGrath & Brown, L.L.P. Lenz & StaehelinLévy Kaufmann-KohlerLoperena, Lerch & Martin Del CampoMarval O’Farrell & MairalMilbank, Tweed, Hadley & McCloyNavigant Consulting, Inc.O’Melveny & Myers LLPPatton Boggs LLPPedro J. Martinez-FragaPerez Bustamante & PoncePEREZ-LLORCAPillsbury Winthrop Shaw Pittman LLPPython & PeterQuevedo AbogadosShipley Snell MontgomerySimmons & SimmonsSolutions Economics LLC Squire, Sanders & Dempsey (Cleveland)Stout Risius Ross, Inc.Studio Legale BiscontiTozziniFreire AdvogadosWiley Rein LLP

AssociateJosé María AbascalLinda A. AheeWilliam A. AlexanderSteven K. AndersenAlexandra V. AndreevaJose BanegasStacey L. BarnesC. Dennis Barrow, Jr.John B. BeckworthMaureen BeyersJonathan W. BiddlePierre BienvenuMichael BondMichael BuhlerGiugi CarminatiRicardo A. CevallosJohn Allen Chalk, Sr.Jeffrey Chambers, IIIMichael Collins, Q.C.Leonardo CorreaPaulo Rogério Brandão Couto John R. CrookPlatt W. Davis, IIIAndrew de Lotbinière McDougall

Robert J.C. DeaneRichard DeutschDaniel D. DroogWayne I. FaganRichard D. FaulknerJohn D. FognaniSalvador FonsecaWilliam A. Gage, Jr.Lauro Gama, Jr.Marc J. GoldsteinDavid Guerra BonifacioCalvin A. HamiltonDeborah G. Hankinson Paul B. HannonLaura HardinToni D. HennikeHoward M. HoltzmannJames M. HoskingJ. Martin HunterStephen JaguschAndrés Jana L.Melinda JaysonJohn JudgeMark A. KantorVimal KotechaBryan LeachAndy LennyBarry LeonDavid M. LindseyDavid T. LopezMontserrat Manzano E.Tim MartinHenry S. May, Jr. Robert W. MocklerAlexis MourrePiotr NowaczykSuzanne NusbaumEileen O’NeillSeyilayo A. OjoKathleen PaisleyDimitris PapavasiliouJosé Emilio Nunes PintoDavid W. PlantJames E. RedmondKlaus ReichertSteven H. ReisbergKenneth B. ReisenfeldWilliam W. RussellRobert L. Shannon, Jr.Ben H. Sheppard, Jr.Robert H. SmitAllison J. SnyderEdna SussmanStephen ValentineVictoria A. ValentineJeffrey D. VallisMarc VeitKaram Chand VohrahDr. Georg von SegesserRichard E. (Rory) WalckArnoldo WaldTomasz WardyńskiTodd WeilerCarolyn WitthoftRandel YoungRodrigo Zamora

Academic/Government/Non-Profit/ Markham BallRonald J. BettauerAndrea K. BjorklundLorraine M. BrennanEduardo FerreroRobert B. MatthewsLuis Manuel C. Mejan CarrerMargaret L. MosesDr. S.I. (Stacie) Strong Stanley P. SklarLouise Ellen TeitzUniversity of Missouri School of Law

Arbitral InstitutionsArbitration Center of the American Chamber of Commerce of Peru (AmCham Perú)Arbitration Centre of the American Chamber of Commerce of Brazil (Amcham Brasil)Arbitration Centre of the Caracas Chamber of Commerce (CACC)Brazil-Canada Chamber of Commerce (BCCC) Center for Conciliation and Arbitration of Panama, Chamber of Commerce, Industry and Agriculture of Panama (CeCAP)Center of the National Chamber of Commerce of Mexico City (CANACO)Centro de Arbitraje de México (CAM)Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago (CAM Santiago)Commercial Arbitration and Conciliation Centre at the Bogota Chamber of Commerce (CCB)Conciliation and Arbitration Center (Camara de Comercio de Costa Rica) ICC Dispute Resolution Services Inter-American Commercial Arbitration Commission (IACAC)International Center for Conciliation Arbitration

of the Costa Rican- American Chamber of Commerce (AMCHAM)

International Centre for Dispute Resolution (ICDR)Stockholm Chamber of Commerce (SCC)

Page 18

THE INSTITUTE FOR TRANSNATIONAL ARBITRATION

Advisory Board José María AbascalDr. Manuel A. AbdalaWilliam B. AbingtonOlufunke AdekoyaRoberto Aguirre LuziLinda A. AheeDr. Max H. AlbersKenneth E. AldousJay AlexanderWilliam A. AlexanderProf. Roger P. AlfordArif AliHenri AlvarezCatherine M. AmirfarSteven K. AndersenAlexandra V. AndreevaDavid AriasJose I. AstigarragaJohn B. AttanasioLuis Alberto Aziz ChecaC. Mark BakerMarkham BallCasey BallardJose BanegasStacey L. BarnesC. Dennis Barrow, Jr.Tom BaykoCharles A. BeachJohn B. BeckworthJulie BedardMartin D. BeirneDr. Pieter H.F. BekkerLinn BergmanRafael Bernal GutiérrezRonald J. BettauerMaureen BeyersJonathan W. BiddlePierre BienvenuDr. Giuseppe BiscontiR. Doak BishopAndrea K. BjorklundNigel BlackabySuzana M. BladesKarl-Heinz BöckstiegelMichael J. BondStephen R. BondJohn P. BowmanJanis H. BrennanLorraine BrennanProf. Charles H. Brower, IIThe Hon. Charles N. BrowerDominique Brown-BersetThe Hon. Thomas BuergenthalDr. Michael BuhlerHenry G. BurnettMichael BurnettMark A. CalhounGiugi CarminatiDavid D. CaronDerrick B. CarsonGreg J. CasasCarolina Castellanos LópezJames E. CastelloRicardo A. CevallosJohn Allen Chalk, Sr.Jeffrey Chambers, IIIMaria ChedidRichard ChernickMark A. ClodfelterWilliam CoatsProf. Jack J. Coe, Jr.John P. Cogan, Jr. Lynn R. ColemanMichael Collins, Q.C.Tom E. CookWade CoriellLeonardo CorreaPaulo Rogério Brandão Couto Alan CrainBernardo M. CremadesJohn R. Crook

Tom CunninghamPlatt W. Davis, IIIEmilio Gonzalez De CastillaAlexandre de GramontAndrew de Lotbinière McDougallRobert J.C. DeaneFernando Del Castillo ElorzaSantiago DellepianeAndrew B. Derman Richard DeutschPaolo Di RosaDonald DonovanJason E. DoughtyDaniel D. DroogDiana DroulersPhilip DunhamJ. Alan B. DunlopPhillip DyeJeffrey ElkinsonAlejandro A. EscobarWayne I. FaganRichard D. FaulknerEduardo FerreroSteven FinizioKenneth FleurietCecilia Flores RuedaJohn D. FognaniSalvador FonsecaLaurie E. FosterPaul D. FriedlandMark W. FriedmanFrederick A. FrostStephanie FullerPatrick GaasWilliam A. Gage, Jr.Valeria GalíndezLauro Gama, Jr.John L. GardinerBarry H. GarfinkelLeonardo R. GiacchinoJudith GillTeresa GiovanniniGilberto GiustiFederico GodoyMichael S. GoldbergMarc J. GoldsteinDaniel E. GonzálezJorge A. GonzalezKatherine González ArrochaRonald E.M. GoodmanMark E. GranthamDean GravesRichard J. GravingDavid Guerra BonifacioPierre-Yves GunterHugh E. HackneyDavid R. HaighCalvin A. HamiltonJonathan C. HamiltonDeborah G. Hankinson Paul B. HannonBernard HanotiauJohn L. HardimanLaura HardinLeah D. HarhayDavid E. Harrell, Jr.Karin HelmlingerToni D. HennikeRichard HillHoward M. HoltzmannJames M. HoskingDavid HowellJ. Martin HunterAnthony IjohorDon Jackson, IIIMichael E. JaffeStephen JaguschCharles A. JamesAndrés Jana L.Melinda JaysonO. Thomas Johnson, Jr.Kelli C. JonesRobert W. Jordan

John JudgeBrent C. KaczmarekJohn M. KadelburgerJean E. KalickiMark A. KantorWilliam M. Katz Allan Kaye TruebaEd G. KehoeRachael D. Kent Thomas S. KilbaneMichael KitzenElie KleimanGuillermo KleinWilliam H. Knull, IIIVimal KotechaLea Haber KuckCarolyn B. LammClyde W. Lea Bryan LeachIlhyung LeeGlenn R. LeggeRandall LemerMike P. Lennon, Jr.Andy LennyBarry LeonRichard C. LevinDr. Laurent LevyDavid M. LindseyGuy LipeJim LoftisCarlos LoperenaCarlos LopezDavid T. LopezEdward J. LynchFernando Mantilla-SerranoMontserrat Manzano E.Mike Marchand Tim MartinLuis M. MartinezPedro J. Martinez-FragaRobert B. MatthewsDr. Anton G. MaurerHenry S. May, Jr. John Burritt McArthurJames D. McCarthyVeronica Valentine McNallyMark S. McNeillOtu E. MedoLuis Manuel C. Mejan CarrerAndrew MelsheimerAndrea J. MenakerCharles B. MeyerCarl MicarelliCraig S. MilesWendy J. MilesRobert W. MocklerReza MohtashamiAlberto MolinarioAllen B. MooreSimon MorganThe Hon. Joseph W. MorrisMichael J. MoserMargaret L. MosesRene J. MouledouxAlexis MourreEdward J. MurphyEwell E. Murphy, Jr.Mark NadeauGiovanni Ettore NanniTimothy G. NelsonJoseph E. NeuhausMichael D. Nolan Piotr NowaczykJosé Emilio Nunes PintoSuzanne NusbaumXavier NyssenRobert C. O’BrienKevin M. O’GormanEileen O’NeillJohn L. OberdorferLucia OjedaSeyilayo A. OjoElsa Ortega

Kathleen PaisleyDimitris PapavasiliouDavid ParisRoberto Pasqualin Paolo Michele PatocchiJose M. Perez ArtetaJohn V.H. PierceKimberly D. PilcherPhilippe Pinsolle David W. PlantDavid PluchinskyMichael PolkinghorneFernando PomboDietmar W. PragerAndrew P. PriceJennifer PriceHugo QuevedoYanett Quiroz ValdovinosNigel K. RawdingJames E. RedmondLucy F. ReedKlaus ReichertSteven H. ReisbergKenneth B. ReisenfeldMark R. RobeckAnn Ryan RobertsonLaura M. RobertsonJose RosellMichael R. RossRoger Rubio Guerrero William W. RussellAníbal SabaterJeswald W. SalacuseClaudia T. SalomonLiliana SánchezAnk SantensJeffrey W. SarlesPaul C. SaundersLawrence S. SchanerMarco SchnablSteven SchneebaumMichael E. Schneider, Esq.Franz SchwarzJames J. Sentner, Jr.Kiran SequeiraFernando Eduardo SerecRobert L. Shannon, Jr.Audley SheppardBen H. Sheppard, Jr.Peter J.W. SherwinGeorge T. ShipleyLaurence ShoreTom J. SikoraEugene J. Silva, IIEduardo Silva RomeroEduardo SiqueirosJosé Luis SiqueirosStanley P. SklarWilliam K. Slate, IIRobert H. SmitJennifer SmithReginald R. SmithAbby Cohen SmutnyAllison J. SynderPablo T. SpillerThomas SprangeMichael StepekKarl SternMargrete StevensFrederico J. StraubeDr. S.I. (Stacie) Strong Harry W. Sullivan, Jr.Edna SussmanJonathan SutcliffeChristopher K. TahbazJames E. TanculaGordon TarnowskyRuth TeitelbaumLouise Ellen TeitzJennifer ThorntonJohn TrenorTim TriplettTimothy J. Tyler

Academic Council Roger P. AlfordJosé Enrique AlvarezFrédéric BachandGeorge BermannAndrea K. BjorklundGary BornCharles H. Brower, IIThe Hon. Thomas BuergenthalDavid D. CaronTai-Heng ChengJack J. Coe, Jr.John R. CrookWilliam DodgeChristopher R. DrahozalSusan FranckDavid A. GantzChristopher GibsonJohn Y. GotandaHoracio A. Grigera NaónAndrew T. GuzmanJ. Martin HunterAbba KoloStefan KröllAbul (Munir) ManiruzzamanLoukas MistelisMargaret L. MosesAndrew NewcombeWilliam W. (Rusty) ParkAlan Scott RauCatherine A. RogersPeter “Bo” RutledgeDavid L. SandborgIngeborg SchwenzerBen H. Sheppard, Jr.S.I. (Stacie) StrongGuido TawilLeon TrakmanAlbert Jan van den BergPerry E. WallaceTodd WeilerPeter Winship

Stephen ValentineVictoria A. ValentineJeffrey D. VallisThabiso van den BoschMarc VeitAna VermalCharles VerrillKaram Chand VohrahZoila Rosa VolioDr. Georg von SegesserRichard E. (Rory) WalckArnoldo WaldStephen WallaceJoseph T. WalshGibson WaltonTomasz WardyńskiTodd WeilerSandra WeisbrodWilliam G. WhitehillAnne Marie WhitesellJustin WilliamsWayne R. WilsonDavid B. WinnPeter WinshipCarolyn WitthoftRandel YoungPeter YuenRodrigo ZamoraEduardo ZuletaAlberto Zuleta-Londoño

Page 19

The Institute for Transnational Arbitration (ITA) provides advanced, continuing education for lawyers, judges and other profes-sionals concerned with transnational arbitration of commercial and investment disputes. Through its programs, scholarly publica-tions and membership activities, ITA has become an important global forum on contemporary issues in the field of transnational arbitration. The Institute’s record of educational achievements has been aided by the support of many of the world’s leading com-panies, lawyers and arbitration professionals. Membership in the Institute for Transnational Arbitration is available to corpora-tions, law firms, professional and educational organizations, government agencies and individuals.

WHY BECOME A MEMBER?

Membership dues are more than compensated both financially and professionally by the benefits of membership. Depending on the level of membership, ITA members may designate multiple representatives on the Institute’s Advisory Board, each of whom is invited to attend, without charge, the annual ITA Workshop, the annual ITA Advisory Board Dinner Meeting later that evening and the ITA Forum (the following morning) - an informal, invitation-only roundtable discussion on current issues in the field.

Advisory Board Members also receive a substantial discount off the price of all other ITA programs, all ITA educational DVD products, and selected publications of Juris Publishing and Oxford University Press, as well as a free subscription to ITA’s quarterly newsletter, News and Notes, and a free subscription to ITA’s law journal, World Arbitration and Mediation Review. Your member-ship and participation support the activities of one of the world’s leading forums on international arbitration today.

PROGRAMS AND PUBLICATIONS

The primary public program of the Institute is its annual one-day ITA Workshop, presented each year in June in Dallas, which cus-tomarily combines mock scenes with expert commentaries performed and presented by leading arbitrators and arbitration practi-tioners from around the world to illuminate procedures and issues commonly encountered in international commercial arbitration. Other annual programs include the Dallas Roundtable for young international arbitrators, held annually on the eve of the ITA Workshop in Dallas, the ITA Americas Workshop and Americas Roundtable, held at different venues in Latin America and the ITA-ASIL Spring Conference, held in Washington, D.C. For a complete calendar of ITA programs, please visit our website at www.cailaw.org/ita. The Institute for Transnational Arbitration publishes its acclaimed Scoreboard of Adherence to Transnational Arbitration Treaties, a comprehensive, regularly-updated report on the status of every country’s adherence to the primary international arbitra-tion treaties, in ITA’s quarterly journal/newsletter, News and Notes. All ITA members also receive a free subscription to ITA’s newest publication, World Arbitration and Mediation Review, a law journal edited by ITA’s Board of Editors and published in four issues per year. ITA’s educational DVDs and books are produced through its Academic Council to aid professors, students and practitioners of international arbitration. Since 2002, ITA has co-sponsored KluwerArbitration.com, the most comprehensive, up-to-date portal for international arbitration resources on the Internet, in which current developments around the world are reported monthly by ITA’s Board of Reporters. Please join us. For more information, visit ITA online at www.cailaw.org/ita.

I wish to join the Institute for Transnational Arbitration in the following category:☐ Associate Membership - $650☐ Sponsoring Membership - $1,000☐ Academic / Government / Non-Profit

Membership - $395☐ Arbitral Institutions - $0 **

☐ Supporting Membership* - $2,500☐ Sustaining Membership* - $5,000

* Supporting Members may appoint 3 Advisory Board Representatives and Sustaining Members may appoint 6 or more Advisory Board Representatives.

** Arbitral Institutions memberships available to select Arbitral Institutions with significant international caseloads.

Member name (law firm, corporation, organization, individual)___________________________________________

Address ____________________________________________________________________________________

City / State / Postal Code / Country _______________________________________________________________

Telephone ______________________ Fax ______________________ Email______________________________

Name of person to serve on Advisory Board* _________________________________________________________(Please make a copy of this page if you will be designating more than one Advisory Board Representative)

Please make check payable to The Center for American and International Law. To join ITA using a credit card, please enroll online at www.cailaw.org/ita/join or fax this application +1.972.244.3401 or call +1.972.244.3400.

ARE YOU A MEMBER OFTHE INSTITUTE FOR TRANSNATIONAL ARBITRATION?

1st Annual ITA Winter ForumFebruary 2-3, 2012 ~ The Stanford Court Renaissance San Francisco Hotel ~ San Francisco, California

The 1st ITA Winter Forum will be held on February 2-3, 2012 in San Francisco under the leadership of Prof. Susan Franck (Washington & Lee University Law School, Lexington, Virginia) and Leah D. Harhay (Of Counsel, Jones Day, San Francisco, California, and Managing Editor, World Arbitration & Mediation Review). Designed to draw together practitioners and scholars for intellectual dialogue and practical insights in international arbitration, the Winter Forum will feature presentation and discussion of scholarly works-in-progress, an ITA Forum for candid dialogue on important developments in the field, a luncheon presentation by Prof. George A. Bermann (Columbia Law School, New York, and Chief Reporter, ALI Restatement (Third) of the U.S. Law of International Commercial Arbitration) and a variety of social networking opportunities.

On the evening before the Forum, the 1st ITA Winter Roundtable on the Fundamentals of International Arbitration will be presented by the ITA Young Arbitrators Initiative, the ICDR Young & International, the LCIA Young International Arbitration Group and the International Practice Section of the Barristers Club of the San Francisco Bar Association.

9th Annual ITA-ASIL Conference: Arbitration in Times of CrisisMarch 28, 2012 ~ The Fairmont Hotel ~ Washington, D.C.

The 9th Annual ITA-ASIL Conference will be held on March 28, 2012 in Washington, D.C. under the leadership of co-chairs Prof. John R. Crook (George Washington University Law School, Washington, D.C.) and Prof. Andrew Newcombe (University of Victoria Law School, Victoria, British Columbia). Looking back with the perspective of ten years, this conference will debate whether the Argentine Crisis of 2001 has forged, reinforced or damaged the fabric of international law, and whether the present system of investor-state arbitration represents an effective vehicle for managing legal change in times of crisis.

Preceding the Conference will be an ITA-ASIL Young Lawyers Breakfast presented by the ITA Young Arbitrators Initiative and the ASIL New Professionals Group.

8th Annual Americas Workshop: The Merits Hearing: Getting the Message to the Tribunal April 25-27, 2012 ~ Santiago, Chile

The 8th Annual Americas Workshop will be held on April 25-27, 2012 in Santiago, Chile under the leadership of co-chairs Michael Gold-berg (Baker Botts LLP, Houston), Karin Helmlinger (Secretary General, Arbitration and Mediation Center of Santiago, Santiago), Carlos Eugenio Jorquiera (President, Arbitration and Mediation Center of Santiago, Santiago), Wendy Miles (WilmerHale, London), Prof. Guido Tawil (M. & M. Bomchil Advogados and University of Buenos Aires, Buenos Aires) and Eduardo Zuleta (Gómez-Pinzón Zuleta, Bogotá).

On the evening before the Workshop, the 5th Annual Americas Roundtable on the Fundamentals of International Arbitration: Do’s and Don’ts will be presented by the ITA Young Arbitrators Initiative, the Arbitration and Mediation Center of the Chamber of Commerce of Santiago, the ICC Young Arbitrators Forum - Latin American Chapter, the ICDR Young & International, the LCIA Young International Arbitration Group and the ALARB Young Professionals in Arbitration Committee.

23rd Annual ITA Workshop: Deliberations, Award and EnforcementJune 21, 2012 ~ Westin Galleria Hotel ~ Dallas, Texas

The 23rd Annual ITA Workshop will be held on June 21, 2012 in Dallas, Texas under the leadership of co-chairs Prof. Tai-Heng Cheng (New York Law School, New York), Philippe Pinsolle (Shearman & Sterling LLP, Paris) and Jennifer M. Smith (Baker Botts L.L.P., Houston). Members of the ITA and its Academic Council, Board of Reporters and Board of Editors will reassemble the following morning for the annual ITA Dallas Forum and other membership activities.

On the evening preceeding the Workshop will be the 7th Annual ITA Dallas Roundtable presented by the ITA Young Arbitrators Initiative, the ICC Young Arbitrators Forum, the ICDR Young & International and the LCIA Young International Arbitration Group.

For more information, please visit: www.cailaw.org/ita.For sponsorship opportunities at these events, please contact ITA Director David Winn at +1-972-244-3412; dwinn@cailaw.org.

INSTITUTE FORTRANSNATIONAL ARBITRATION

Mark Your Calendar 2012 ITA EVENTS