Expedited International Arbitration: Comparative Approaches and Global Perspectives

CIArbNAB

Dec 1st, 2024

Featured Program, Upcoming Events,

Wednesday, November 13, 2024 @ 1 PM EST and Wednesday, December 11, 2024 @ 1 PM EST

Join CIArb-NAB for a two-part insightful webinar series that delves into the evolving landscape of expedited arbitration across various global jurisdictions. Over the course of two sessions, leading experts will explore and compare the strengths, challenges, and prospects of expedited arbitration under different institutional rules.

Part I on Wednesday, November 13, 2024, from 1:00-2:30 pm, will feature Mr. Fang Yuan, Dr. Venetia Argyropoulou, and Mr. James Clanchy, in a session with Dr. Alan Anderson as the moderator.

Part I will feature Fang Yuan discussing the unique strengths, challenges, and prospects of expedited arbitration in China; Venetia Argyropoulou exploring the implications of the 2022 ICSID rules for investors and how expedited processes are reshaping investment arbitration; and James Clanchy discussing the LMAA’s Small Claims Procedure to examine how this often-overlooked model serves as a blueprint for efficient dispute resolution.

Part II on Wednesday, December 11, 2024, will feature Jonas Hinrichsen, Dr. Ylli Dautaj, and Josh Simmons in a session with Dr. Herman Verbist as the moderator.

Part II will explore the practical implications of expedited arbitration and its impact on the arbitral process with Jonas Hinrichsen; consider how expedited arbitration is helping to bring back some of the traditional benefits of arbitration, such as flexibility and cost-effectiveness, while still maintaining fairness with Ylli Dautaj; and discuss with Josh Simmons the growing issue of document overload in arbitration, presenting a case for imposing page limits to prevent the escalation of complexity and to streamline the process.

All presenters in this webinar series are contributors to Expedited International Arbitration: Policies, Rules and Procedures, edited by Alan M. Anderson and Herman Verbist, and recently-published by Kluwer Law International

Panelists’ Bios on the next page.

BIOGRAPHIES

Mr. Yuan Fang is currently a J.S.D Candidate at Washington University in St. Louis School of Law. Prior to joining WashU Law, he obtained his LL.M. degree from University of California, Berkeley. Mr. Fang has been a researcher at the Asia-Pacific Interest Group (APIG) of the American Society of International Law (ASIL) since 2020. Previously, he served as a Member of the International Advisory Board to the Washington University Global Studies Law Review between 2019 and 2020, and as the Associate Editor of Berkeley Technology Law journal (BTLJ) from 2018 to 2019.

Mr. Fang’s primary research interests are the global governance of cyberspace, international business and economic law, and commercial dispute resolution. His doctoral project focuses on the existing international regulatory framework governing cyber operations, examining how to make the contemporary international order a better fit for the digital context through the dynamics between human rights and state sovereignty. His recent scholarly works have been published or are forthcoming in multiple countries, encompassing China, the United States, the Netherlands, Switzerland and Singapore. His presentations have been delivered at prominent law schools across the globe, including Stanford Law School, Northwestern Pritzker School of Law and Cambridge Faculty of Law.

Dr. Venetia Argyropoulou, PhD, is a Law Lecturer at the Hellenic International University, Greece and a researcher at the University of Cyprus, Cyprus. She received her Master’s degree from the University of Oslo, Norway and her PhD from the University of Tilburg, the Netherlands. She is educated in both civil and common laws and has been actively practicing law in Greece and Cyprus. She has worked as a researcher for Oxford University, England; University Nanterre, France; the European University of Cyprus, Cyprus and as a lecturer for the University of West London, England and the University of South Wales, the United Kingdom.

Ms. Argyropoulou is the General Counsel of Kap Technologies PLC, a listed company on the London Stock Exchange. Her field of expertise is international investment law. She teaches the subject at the University of Cyprus, Cyprus. She additionally has several publications on this subject. She has received various awards for her research and is recognized as an expert in Financial Law by the European Court of Auditors.

James Clanchy, FCIArb, is a full-time arbitrator with a wealth of experience in ad hoc and institutional arbitrations. He has served as an arbitrator in London, Dubai, Singapore, and Copenhagen, handling cases primarily related to charterparties, ship sale and purchase, container leases, and commodities trading. A former Honorary Secretary of the London Maritime Arbitrators Association (LMAA), James has written over 40 awards and is an associate member of Six Pump Court chambers in London. He is a solicitor in England & Wales (admitted in 1990, non-practicing since 2019) and was an avocat at the Paris bar from 1994 to 2008. His legal career spans 20 years as a commercial disputes lawyer in London and Paris with firms like Withers, Holman Fenwick Willan, and Stephenson Harwood, specializing in shipping, oil and gas, and international trade.

James was Registrar and Deputy Director General of the London Court of International Arbitration (LCIA) from 2008 to 2012 and later worked as a case assessor for third-party funders and After the Event (ATE) insurers. He co-authored A Commentary on the LCIA Arbitration Rules 2014 and has contributed to Lexis PSL Arbitration, New Law Journal, and spoken extensively on topics like the LCIA, LMAA, third-party funding, and professional ethics. His International Congress of Maritime Arbitrators 2020 paper, “Ad hoc arbitration and its enemies,” was published in Arbitration 86, no 4 (2020). Since July 2022, James has been the co-editor (arbitration) of Lloyd’s Maritime Law Newsletter.

Alan M. Anderson, PhD, FCIArb, specializes in dispute resolution, particularly international arbitration, both as counsel and as an arbitrator. He received his Master of Business Administration and Doctor of Law (magna cum laude) degrees from Cornell University, the United States. He received a Master of Laws, with distinction, specializing in international dispute resolution, from the University of London, England. He earned his PhD in War Studies from King’s College London, England. Dr Anderson is a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Australian Centre for International Commercial Arbitration, a Fellow of the Asian Institute of Alternative Dispute Resolution and an accredited international mediator.

A frequent presenter and writer, Dr Anderson is the secretary and a director of the Forum for International Conciliation and Arbitration (FICA), an international think-tank. He has participated in the work of UNCITRAL’s Working Groups II and III since 2015. Alan co-edited The Investor-State Dispute Settlement System: Reform, Replace or Status Quo? published in 2020 by Kluwer Law International. He is the president of Alan Anderson Law Firm LLC based in Minneapolis, Minnesota, USA and an associate tenant with Littleton Chambers in London, where he is a member of its international arbitration practice group.

Jonas C. Hinrichsen is admitted to the Dutch bar and works as a senior associate in the International Dispute Resolution and Arbitration Department of De Brauw Blackstone Westbroek N.V. Jonas specializes in international disputes, including international commercial and investment arbitration and cross-border litigation. He has acted as counsel and advised on large-scale, highly political and sensitive international energy and intellectual property disputes in arbitration proceedings under the ICC, LCIA, NAI and UNCITRAL rules and under a variety of applicable laws.

Mr. Hinrichsen also regularly engages in enforcement and setting-aside proceedings before Dutch courts. Jonas’ years of experience in the oil and gas industry include in-house experience gathered during a one-year secondment to Shell’s global litigation department in Hamburg (Germany) and the Hague (the Netherlands) offices. He is a DAA, DIS40, ICC YAAF and NAI member, as well as part of the selected Dutch-German Arbitration Group, an initiative of the Dutch Arbitration Association, the German Arbitration Institute (DIS) and the Netherlands Arbitration Institution (NAI), aiming to improve mutual knowledge of Dutch and German arbitration practice and to promote personal exchange among arbitration practitioners, in-house counsels as well as users.

Joshua B. Simmons, FCIArb, is a partner at Wiley Rein LLP and an Adjunct Professor at the University of Virginia School of Law, the United States. He has extensive experience in treaty and commercial arbitration proceedings around the world. He has represented foreign sovereigns and international investors across a broad range of industries, including energy, natural resources, technology, and financial services. He also advises companies on national security law, public international law, and transnational litigation in US courts. Prior to joining Wiley, Josh practiced international arbitration at Covington & Burling and Three Crowns. He also served as an attorney-adviser and as senior adviser in the Office of the Legal Adviser at the US Department of State.

Dr. Ylli Dautaj currently teaches as a Visiting Associate Professor with Penn State Law, where he teaches international investment and commercial law, US domestic law, and contracts. He was previously an adjunct professor with Penn State Law and a full-time lecturer in commercial law at Brunel University London. Dr. Dautaj graduated with a Ph.D. from University of Edinburgh as a stipendiary scholar of the Scottish Graduate School for Arts & Humanities.

Dr. Dautaj practices out of Stockholm, Sweden. He represents clients in both litigation and arbitration, domestic and international. He has represented clients in and with investor-State arbitration matters, shareholders’ and JV-disputes, jurisdictional objections (investment and commercial arbitration), post-award proceedings (set-aside and enforcement/execution), oil and gas matters (e.g., regarding transit, investor protection, and other contract related matters), etc. His practice focus is on energy-related disputes and JV/shareholders disputes. Dr. Dautaj has published extensively with various leading law journals, books, and book chapters, for example, with Kluwer International, Northwestern Journal of International Law and Business, Creighton Law Review, Fordham International Law Journal, Cornell International Law Journal, The International Lawyer, etc.

Herman Verbist, PhD, FCIArb, is an attorney at the Ghent and Brussels Bar in Belgium with Everest Attorneys, focusing primarily on arbitration and alternative dispute resolution. He received his Master of Law from the University of Leuven, Belgium and his Doctor of Law from the University of Ghent, Belgium. He is a Fellow of the Chartered Institute of Arbitrators and is a member of numerous international arbitration associations and is registered on the list of arbitrators of several arbitration institutions worldwide, including CAS, WIPO, NAI, CAfA, VIAC, ICDR, HKIAC, SIAC, THAC, AIAC, KCAB.

Mr. Verbist also is also an accredited mediator (Belgian Federal Mediation Commission) and is registered on the ICSID Panel of Conciliators. He worked as counsel at the Secretariat of the International Court of Arbitration of the International Chamber of Commerce in Paris and has taught a course on international commercial arbitration at the University of Ghent, Belgium. Since 2020, he has taught the course ‘Case Study Investment Mediation’ at the Europa-Institut of Saarland University, (Saarbrücken), Germany. Since 2022, he is co-chair of the Forum for International Conciliation and Arbitration (FICA), an international think-tank. He has participated in the work of UNCITRAL’s Working Groups II and III since 2009.