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JOBNAME: Law Prac - Mata Dona PAGE: 1 SESS: 4 OUTPUT: Tue Mar 2 15:08:52 2021 CONTRIBUTORS Niuscha Bassiri is a partner at Hanotiau & van den Berg in Brussels. She has acted as counsel and arbitrator in commercial and investment arbitration matters spanning a variety of industry sectors for nearly two decades, with a combined amount in dispute exceeding USD 60 billion. Since 2014, she has continuously been ranked amongst the best of her generation worldwide by Who’s Who Legal – Arbitration. Ms. Bassiri is a faculty member of the international arbitration LLM programme at the University of Miami and a lecturer at the ICHEC Business and Management School, Brussels. George A. Bermann is the Columbia Law School Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law Director, Center for International Commercial and Investment Arbitration. He has a J.D. and a B.A. from Yale University and an LL.M. from Columbia Law School. He holds honorary degrees from the Universities of Fribourg in Switzerland, Versailles-St. Quentin in France and Universidad César Vallejo in Peru. He is an affiliated faculty member of the School of Law of Sciences Po in Paris and the MIDS Masters Program in International Dispute Settlement in Geneva. He is also a visiting professor at the Georgetown Law Center. At the Law School, he founded both the European Legal Studies Center and the Columbia Journal of European Law. Alexander Blumrosen is an attorney admitted to the Bars of Paris and New York, and founder of the Polaris Law firm in Paris, France, where he specialises in arbitration (serving as arbitrator and counsel), litigation and privacy. He is a graduate of Georgetown University Law Center (JD), and the University of Paris I-Sorbonne (DEA). He was selected by the EU Commission and the U.S. Department of Commerce to be on the list of Privacy Shield arbitrators, and is on the ‘Tech list’ of the Silicon Valley Arbitration and Mediation Center (SVAMC). He is a former President of the International Technology Law Association (ITechLaw) and a life member of the Council on Foreign Relations. Charles N. Brower is at present sitting as Judge ad hoc of the International Court of Justice in three ongoing contentious cases, the largest number of such appointments received by any of the four Americans ever so appointed. At the same time he continues as a Judge of the Iran-United States Tribunal, which position he has held since 1983. In 1987 he was granted temporary leave from that Tribunal in order to serve as Deputy Special Counsellor to the President of the United States with the rank of Deputy Assistant to the President (equivalent to Deputy Secretary of a Cabinet Department). Earlier (1969–1973) Judge Brower served in the Office of The Legal Adviser of the United States Department of State successively as Assistant Legal Adviser for European Affairs, as Deputy Legal Adviser and for a number of months as Acting Legal Adviser, hence the chief international lawyer for the United States Government. He also has served as Judge ad hoc of the Inter-American Court of Human Rights. Since 2001 he has been an Arbitrator Member of Twenty Essex (Chambers) in London, in which capacity he has served as international arbitrator in numerous investor/State and commercial cases as party-appointee, sole arbitrator, and President, Presiding Arbitrator and Chairman. From 1961 until 2005 he served at various times as associate, partner and special counsel of White & Case LLP, first in New York City, then in Washington, DC His many honors and awards include the Manley O. Hudson Medal of the American Society of International Law (for ‘pre-eminent scholarship xiii José R. Mata Dona and Nikos Lavranos - 9781788974004 Downloaded from Elgar Online at 09/10/2021 02:53:19AM via free access Columns Design XML Ltd / Job: MataDona-International_Arbitration_and_EU_Law / Division: 00dLoC-clean_editsEM_TS /Pg. Position: 1 / Date: 25/2
JOBNAME: Law Prac - Mata Dona PAGE: 2 SESS: 7 OUTPUT: Tue Mar 2 15:08:52 2021 CONTRIBUTORS and achievement in international law … without regard to nationality’), the Pat Murphy Award of the Center for American and International Law’s Institute for Transnational Arbitration, and Lifetime Achievement Awards of the Global Arbitration Review and the American Bar Association’s Section of International Law. In the past he served on the Board of Governors of the American Bar Association, as a Member of the Association’s House of Delegates for 15 years, as President of the American Society of International Law and Chairman of the Center for American and International Law’s Institute for Transnational Arbitration. Uniquely, an ‘elegant insect’ newly discovered in Costa Rica was named Barylypa broweri in honor of his ‘enthusiastic and outstanding legal defense of the hundreds of thousands of species … of the Santa Elena Peninsula serpentine barrens in northwestern Costa Rica’, which defence included succeeding in having that area designated a United Nations World Heritage Site. Judge Brower’s academic appointments have included Visiting Fellowship at Jesus College, University of Cambridge, a series of Visiting Fellowships at Cambridge’s Lauterpacht Centre for International Law, appointment as Distinguished Visiting Research Professor of Law at George Washington University’s Law School, and invitations to give various endowed lectures in Europe, the United States and Asia. Luis Capiel is an Of Counsel at Herbert Smith Freehills, specialising in international arbitration. He has acted as counsel and arbitrator in a variety of cases, focusing on complex commercial and construction disputes. Luis is a German qualified lawyer, admitted to the Madrid and the Munich Bars. He holds a Law Degree from the Humbolt Universität zu Berlin and an LL.M. (First Class Honours) from The University of Auckland. Stefano Castagna is a doctoral candidate in International Business Taxation, University of Economics and Business (Wirtschaftsuniversität Wien – WU), Vienna, Austria. Before entering the DIBT programme, he worked as a consultant, advising clients in transfer pricing, taxation, accounting and legal matters. He has also served as a delegate in sessions of different UN bodies, including UNCITRAL and the Intergovernmental Working Group of Experts on International Standards of Accounting and Reporting (ISAR). The author is licensed to practise law in the State of New York, USA. He holds a Law Degree (CLMG), and an MSc degree in Business Administration and Law (CLELI) from Bocconi University, Milano, Italy. He also holds an IBRLA LL.M from NYU School of Law, New York, USA. Dodo Chochitaichvili is a Belgian qualified lawyer specialised in dispute resolution. She advises and represents clients before Belgian courts in a variety of legal matters (commercial and general contract law, torts, liabilities, consumer law, competition law) and sectors. Her practice also focuses on national and international arbitrations, and arbitration-related court proceedings and includes acting as arbitrator. She speaks French, Georgian and English. Oliver Cojo is an Associate at Herbert Smith Freehills, specialising in international arbitration. He is an adjunct professor at IE University and co-chair of the young practitioners group of the Spanish Arbitration Club (CEA-40). Oliver is a Spanish qualified lawyer, admitted to the Madrid Bar. He holds an LL.M. from Maastricht University and a Degree in Law and Business Management from Universidad de Valladolid. Quentin Declève is an Associate at Van Bael & Bellis and a Member of the Brussels Bar. His practice focuses on international litigation and arbitration, as well as on EU and national competition law and international trade law. He also represents clients before the EU Courts and before Belgian civil and commercial courts. He is the founder and editor of the International Litigation Blog (www.international- litigation-blog.com) and has worked as an assistant in EU law at Université Saint-Louis in Brussels. He holds degrees from Université Catholique de Louvain and Columbia Law School. xiv José R. Mata Dona and Nikos Lavranos - 9781788974004 Downloaded from Elgar Online at 09/10/2021 02:53:19AM via free access Columns Design XML Ltd / Job: MataDona-International_Arbitration_and_EU_Law / Division: 00dLoC-clean_editsEM_TS /Pg. Position: 2 / Date: 2/3
JOBNAME: Law Prac - Mata Dona PAGE: 3 SESS: 7 OUTPUT: Tue Mar 2 15:08:52 2021 CONTRIBUTORS Monica Feria-Tinta is a barrister at Twenty Essex, a leading commercial barrister’s chambers in London. Monica is recognised in legal directories as a leading barrister in public international law at the English Bar. She appears at all levels in English and international courts and tribunals. Her arbitration practice covers both commercial and investment arbitration. In addition to acting as Counsel, she also accepts appointments as arbitrator. Monica is a world expert on enforcement of awards, and the author of a forthcoming book on the subject with Oxford University Press. She is a Partner Fellow at the Lauterpacht Centre for International Law, University of Cambridge, where she is guest lecturer on the topic of investment law, and a member of the Chartered Institute of Arbitrators. She was ‘Barrister of the Year’ finalist in The Lawyer’s Awards in 2020. She holds an LLM (LSE) and the Diploma of the Hague Academy in International Law. Anne-Karin Grill is an experienced international arbitration lawyer and well-versed in other forms of alternative dispute resolution (ADR), especially mediation. She advises clients in commercial arbitration proceedings in accordance with the rules of key arbitral institutions and has an excellent track-record in investor-state arbitration. In addition to her advocacy work before international tribunals, Anne-Karin serves as arbitrator and acts as CEDR accredited mediator in multi-jurisdictional commercial disputes. Anne-Karin is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and serves as member of the ICC International Court of Arbitration. Upon the nomination of the Republic of Austria, she was appointed to the ICSID Panel of Conciliators. Anne-Karin lectures at the University of Vienna, Austria, and in renowned international legal programmes. Emily Hay is Counsel at Hanotiau & van den Berg, Brussels, Belgium, practising in international commercial and investment treaty arbitration. She acts as arbitrator, counsel and tribunal secretary under a wide variety of institutional rules and across industry sectors. Ms. Hay also advises on data protection and privacy law, in particular under the GDPR. She holds an LL.M in Advanced Studies in International Law (cum laude) from Leiden University, the Netherlands, and a BA LL.B (First Class Honours) from Macquarie University, Australia. Ms. Hay is registered to practise in both New South Wales and Brussels (B-list). Bo Ra Hoebeke is a Managing Associate at Linklaters in Amsterdam and over the past 12 years has focused exclusively on commercial and investment arbitration and arbitration-related court proceedings. She has advised and represented both national and international clients, as well as states and governmen- tal bodies. Bo Ra also advises companies on the corporate structuring of their foreign investments and the protections offered by investment treaties. Bo Ra has been involved in disputes under a wide variety of arbitration rules (including UNCITRAL, ICC, SIAC, LCIA, SCC, CEPANI and NAI rules). She is regularly involved in high-profile arbitration-related court proceedings, such as the setting aside and enforcement of arbitral awards and proceedings relating to interim measures in support of arbitration. Her experience in court proceedings related to arbitration also includes setting aside proceedings regarding major investment arbitration cases. Bo Ra is a member of the Arbitration Commission (Netherlands) of the International Chamber of Commerce (ICC). She is also ITA Reporter for the Netherlands and regularly publishes and lectures on international arbitration. David Ingle is a Senior Associate in Allen & Overy’s Madrid office specialising in commercial and investment treaty arbitration. David is qualified to practise in England and Wales and is admitted to the Texas bar. He has acted as counsel for a range of clients in numerous international commercial and investment treaty arbitrations and has regularly appeared as advocate in disputes arising under the Energy Charter Treaty. David also lectures on English law and common law at the Universidad Carlos III de Madrid. Before relocating to Madrid, David practised in the A&O London arbitration team and also spent six months on secondment to the Prague office. xv José R. Mata Dona and Nikos Lavranos - 9781788974004 Downloaded from Elgar Online at 09/10/2021 02:53:19AM via free access Columns Design XML Ltd / Job: MataDona-International_Arbitration_and_EU_Law / Division: 00dLoC-clean_editsEM_TS /Pg. Position: 3 / Date: 2/3
JOBNAME: Law Prac - Mata Dona PAGE: 4 SESS: 5 OUTPUT: Tue Mar 2 15:08:52 2021 CONTRIBUTORS Toni Kalliokoski works as Counsel at Dittmar & Indrenius law firm in Helsinki, Finland. He specialises in competition litigation (antitrust damages) and complex commercial disputes. He received his LL.M. degree from the University of Helsinki in 2007 and has numerous academic publications especially in the field of antitrust damages. Sophie J. Lamb QC is a litigation partner in the London office of Latham & Watkins and Global Co-Chair of the firm’s International Arbitration Practice. Ms. Lamb QC regularly appears as advocate in all arbitral fora, before international tribunals and in the English courts, including in anti-suit matters. She is also widely recognised for her experience in international investment and inter-state disputes. Ms. Lamb QC holds an LL.M. from the London School of Economics, an LL.B. from the Université de Bourgogne and an LL.B. from the University of Manchester, and has lectured on a variety of subjects in the field of international dispute resolution at the world’s leading universities and business schools. Emanuela Martin holds Bachelor Degrees in Swiss and Romanian law and received her Master’s degree in International and European Law from the University of Geneva, Switzerland, with a particular focus on International Dispute Settlement, Intellectual Property and Transnational Commercial matters. She has worked as an academic intern for projects partnering the World Intellectual Property Organization and the Geneva Centre for International Dispute Settlement. Emanuela is Legal Project Manager at Lévy Kaufmann-Kohler. Dorieke Overduin holds a LL.M degree from Georgetown University Law Centre and is a fellow at the Institute of International Economic Law. Previously, she worked as a senior legal advisor to the Netherlands’ Ministry of Economic Affairs and Climate Policy, was involved in legal aspects of trade and investment policy and related issues in international and European law. All opinions expressed in this chapter are personal to the author and are not to be attributed to the position of the Dutch government. Robert Price is an associate in the Litigation & Trial Department in the London office of Latham & Watkins. He is a solicitor advocate and a member of the firm’s International Arbitration, Public International Law and White Collar Defence & Investigations Practices. Mr. Price’s practice focuses on commercial arbitration, investment treaty arbitration and complex litigation in the courts of England and Wales and overseas. Mr. Price holds a Graduate Diploma in Law from the College of Law, and a B.A. in Ancient and Modern History from the University of Oxford. Friedrich Rosenfeld is partner at Hanefeld, a dispute resolution boutique based in Hamburg and Paris. He regularly acts as an arbitrator in international arbitration proceedings. Friedrich is also Global Adjunct Professor at NYU Law in Paris, Visiting Professor at the International Hellenic University in Thessaloniki and Lecturer at Bucerius Law School. In spring 2020, he was invited to teach international commercial arbitration as Global Professor of Law from Practice at NYU School of Law in New York. Adriana San Román Rivera is founding partner of Wöss & Partners. Being double qualified, both as lawyer and financial analyst, her first career was in corporate banking, specialising in financial engineering and risk analysis, followed by a second career as an attorney engaged in the structuring of infrastructure projects, anti-dumping and antitrust investigations. Nowadays, she is party counsel in complex damages arbitrations and a leading damages expert having acted, amongst others, in a US$340 million landmark ICDR arbitration as damages expert appointed by Pemex. She is currently handling large international arbitrations with respect to oil platforms, energy tariff disputes, construction and energy projects. Mrs. San Román is attorney at law with highest honors, holds an M.A. in Finance & Investment at the University of Exeter, where she was a Ford foundation scholar, and also passed the first level of the Chartered Financial Analyst exam of the CFA Institute in New York. She is co-author of the leading monograph on damages, Damages in International Arbitration under Complex Long-term Contracts, xvi José R. Mata Dona and Nikos Lavranos - 9781788974004 Downloaded from Elgar Online at 09/10/2021 02:53:19AM via free access Columns Design XML Ltd / Job: MataDona-International_Arbitration_and_EU_Law / Division: 00dLoC-clean_editsEM_TS /Pg. Position: 4 / Date: 25/2
JOBNAME: Law Prac - Mata Dona PAGE: 5 SESS: 6 OUTPUT: Tue Mar 2 15:08:52 2021 CONTRIBUTORS member of the ICCA-ASIL Task Force on Damages in International Arbitration and co-author and lecturer of the ‘Advanced Seminar on Damages in International Arbitration’. Juan Manuel Sánchez Pueyo is a Managing Associate at Linklaters Madrid who specialises in commercial and investment arbitration, and has participated in numerous highly complex and high value matters. He acts as counsel in arbitrations and arbitration-related court proceedings, such as setting aside and enforcement proceedings. Juan has participated as counsel in disputes under a wide variety of arbitration rules (including UNCITRAL, ICC, SIAC, CEPANI and NAI rules). Juan also has experience in court proceedings and regularly advises clients regarding crisis management and litigation strategy. He works for both the Linklaters Dutch and Spanish Dispute Resolution practices, whilst being based in the Madrid office. Juan holds a degree in Law and a degree in Political Science and Public Administration, in addition to a Master’s Degree in Commercial and Company law. He has been accepted to the Spanish Bar (2014) and Dutch Bar (2015, EU Lawyer). Juan is also member of the board of the Dutch Chapter of the CEA (Spanish Arbitration Club). S.I. Strong (PhD, Cambridge; DPhil, Oxford; JD, Duke) is currently an Associate Professor of Law at the University of Sydney and specialises in international commercial arbitration and large-scale (class and collective) suits. Dr. Strong has published over 100 award-winning books and articles in Europe, Asia and the Americas and acted as a dual-qualified practitioner (US attorney and English solicitor) with major international law firms in London, New York and Chicago prior to entering academia. Dr. Strong currently sits as an arbitrator in a variety of international commercial matters. Jeffrey Sullivan is a partner in the London office of Gibson Dunn & Crutcher, where he is a member of the firm’s International Arbitration Group. Jeff’s practice has a particular focus on disputes arising in the energy, extractive industries and infrastructure sectors. Jeff has acted as counsel and lead advocate in approximately 30 bilateral investment treaty and Energy Charter Treaty arbitrations, acting for both States and investors. He has also appeared as lead counsel in several ICSID annulment proceedings. He is admitted to practise in both Washington DC and England and Wales. Isabelle Van Damme is Partner at Van Bael & Bellis and a Member of the Brussels Bar. Her practice focuses on WTO law, EU law and public international law. Isabelle previously worked as a référendaire in the chambers of Advocate General Sharpston, at the CJEU, worked at a Geneva-based firm specialised in WTO law and taught at the University of Cambridge, Clare College. She holds degrees from the University of Ghent, Georgetown University Law Center and the University of Cambridge. Her main publications include a monograph on Treaty Interpretation by the WTO Appellate Body (OUP) and The Oxford Handbook of International Trade Law (OUP). Maria-Clara Van den Bossche is Associate in the Litigation and Arbitration practice group of Loyens & Loeff Belgium. She specialises in complex and international civil and commercial dispute resolution. Maria-Clara has a particular focus on class actions, enforcement and public international law. She has broad experience in enforcement of foreign judgments and arbitral awards, including against sovereign entities. She advises and represents clients in court litigation in various fields, including market practices. Through her involvement in most of the class actions initiated in Belgium and several publications on this topic, Maria-Clara has gained extensive expertise in this field. Maria-Clara is the President of the Dutch-speaking Brussels bar association (VPG). Olivier van der Haegen is Partner in the Litigation and Arbitration practice group of Loyens & Loeff Belgium. Olivier acts as counsel in international arbitration proceedings, either ad hoc or under institutional rules, and handles litigations before Belgian courts in the real estate, construction, energy, food and media industries. Olivier also regularly acts in court proceedings relating to setting aside, xvii José R. Mata Dona and Nikos Lavranos - 9781788974004 Downloaded from Elgar Online at 09/10/2021 02:53:19AM via free access Columns Design XML Ltd / Job: MataDona-International_Arbitration_and_EU_Law / Division: 00dLoC-clean_editsEM_TS /Pg. Position: 5 / Date: 25/2
JOBNAME: Law Prac - Mata Dona PAGE: 6 SESS: 5 OUTPUT: Tue Mar 2 15:08:52 2021 CONTRIBUTORS recognition and/or enforcement of international (investment-treaty) arbitral awards or foreign judgments. He is member of Cepani (the Belgian arbitration institute), Cepani 40 Steering Committee and the IAI (International Arbitration Institute). He is recognised as ‘Future Leader’ by Who’s Who Legal Arbitration and ranked as ‘Next generation lawyer’ by the Legal 500 Dispute Resolution. Piotr Wiliński is an Assistant Professor at the Erasmus University. He specialises in international commercial arbitration, with a special focus on arbitral tribunal’s powers and duties. Next to his role in academia, he works in International Arbitration practice group of Houthoff. Bryce Williams is an associate in the London office of Latham & Watkins and a member of the firm’s International Arbitration and Public International Law Practices. Mr. Williams has acted as counsel and tribunal secretary in international commercial and investment arbitrations under all of the major arbitral rules. Mr. Williams holds an LL.M. in International Dispute Settlement (MIDS) from the Graduate Institute and University of Geneva and an LL.B. (Hons) and Bachelor of International Studies, both from the University of Sydney. Herfried Wöss is founding partner of Wöss & Partners, president and co-arbitrator of arbitral tribunals with respect to multi-million infrastructure and energy disputes, as well as complex damages cases under the LCIA, ICC, ICDR and other arbitration rules. He is also party counsel in large energy tariff, power plant construction, complex damages arbitrations and investment arbitrations. Dr. Wöss has acted as adjudicator with respect to Peru’s largest infrastructure project and advises third-party funders on the feasibility of investment arbitrations. Dr. Wöss is an Austrian jurist, licensed in Mexico and Special Legal Consultant in Washington DC. Dr. Wöss holds a Magister iuris, a Doctorate in International and European Economic Law (summa cum laude) at the Johannes Kepler Universität in Linz, Austria, and an LL.M. in International Business Legal Studies at the University of Exeter, UK. He was Visiting Scholar at the Georgetown University Law Center from 2012–13, where he authored the leading monograph on damages, Damages in International Arbitration under Complex Long-term Contracts (Oxford University Press, 2014). He is co-author and lecturer of the ‘Advanced Seminar on Damages in International Arbitration’. Patricia Živković is a Lecturer in Law at the University of Aberdeen (Scotland, UK). She specialises in dispute resolution, with an emphasis on international commercial arbitration. She actively fosters the usage of alternative dispute resolution mechanisms by co-chairing the Young Croatian Arbitration Practitioners, an association for younger members of the arbitration community in Croatia, which she also co-founded, and is also a published author on various topics in the field of international arbitration. xviii José R. Mata Dona and Nikos Lavranos - 9781788974004 Downloaded from Elgar Online at 09/10/2021 02:53:19AM via free access Columns Design XML Ltd / Job: MataDona-International_Arbitration_and_EU_Law / Division: 00dLoC-clean_editsEM_TS /Pg. Position: 6 / Date: 25/2
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