New Secretary General of ICC International Court of Arbitration Named

Andrea Carlevaris
Andrea Carlevaris

The International Chamber of Commerce, the world business organization for which USCIB serves as the American national committee, has announced that Andrea Carlevaris has been named the new secretary general of the ICC International Court of Arbitration, succeeding Jason Fry, who is returning to private legal practice.

The ICC Court is the world’s foremost body for the resolution of cross-border commercial disputes. USCIB promotes use of the system, nominates arbitrators, refers parties to attorneys, organizes training and conferences, and serves as a resource for those wanting information on the arbitration process and other ICC dispute resolution services.

Having started his career with the ICC Court as counsel from 1999 to 2003, Carlevaris has been a member of the Court, representing Italy, for the last four years and was a partner at the Rome-based law firm Bonelli Erede Pappalardo Studio Legale.

“It is very good news for the ICC Court and secretariat that Andrea Carlevaris has accepted the offer to succeed Jason Fry as Secretary General of the Court,” said John Beechey, president of the ICC Court. “Jason has set the bar very high, and I am confident that Andrea will be more than equal to the challenge.”

Carlevaris said: “Thanks to the unrivalled expertise of its members and the dedication and professionalism of its secretariat, the ICC International Court of Arbitration is recognized as the most prestigious dispute resolution institution in the world, and one to which I am extremely attached. Taking a leading role in its management is for me a challenge and an honor.”

Read more on ICC’s website.

Staff contact: Josefa Sicard-Mirabal

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Asia-Pacific Arbitration Community Gathers in San Francisco

A panel discussion of third-party funding at the ICC San Francisco conference.
A panel discussion of third-party funding at the ICC San Francisco conference.

In early March, over the three days in San Francisco, the North American and Asian regional offices of the ICC International Court of Arbitration hosted its annual conference and related events, attended by members and enthusiasts of the arbitration community from North America, the Asia-Pacific region and Europe.

The program began with a Young Arbitrators Forum (YAF) discussion, where four young rising stars of arbitration spoke about the differences in their experiences while practicing in both Asia and in North America. An impromptu guest panelist, ICC Court President John Beechey, joined the YAF and offered a seasoned view on the subject.

After the YAF event, the participants and other conference registrants , gathered at the conference welcome reception held at the San Francisco offices of Morrison & Foerster LLP. Guests were treated to an array of northern California delicacies, such as local cheeses, chocolates and tastings of local wines.

The conference commenced the morning of March 9, at San Francisco’s storied Palace Hotel, and continued throughout the following day. The participants heard from a savvy corporate panel which gave practical tips on dispute resolution in the Asia-Pacific region, and from speakers on such topics as arbitration of intellectual property disputes, third party funding of arbitrations, arbitrator selection and enforcing an arbitral award in light of strict sovereign immunity laws, among others.

“The caliber of the attendees and the discussion was the best I have ever experienced at a conference,” said Mary Comeau of Calgary. Steven Smith, a partner at O’Melveny & Meyers LLP, and a longtime supporter of the conference, called this year’s program “fantastic.”

With the glowing accolades and cutting edge topics, Cedric Chao, a partner at Morrison & Foerster and also a longtime conference supporter, stated, “Our collective goal should be to grow this conference into a ‘must attend’ event.”

ICC’s Fourth Annual Asia-Pacific Conference is scheduled to be held in May 2013 in Seoul, South Korea.

Staff contact: Suzanne Ulicny

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South Texas College of Law Wins ICC Mediation Competition

South Texas College of Law emerges victorious in most challenging mediation competition to date.
South Texas College of Law emerges victorious in most challenging mediation competition to date.

After five days of intense competition, South Texas College of Law, has emerged victorious in the battle to win the 7th ICC International Commercial Mediation Competition. South Texas beat off competitors Bar Ilan University of Israel, in ICC’s most challenging mediation competition to date. The two schools thrilled an international audience of over 250 people in the Competition final, which took place at the Maison du Barreau in Paris. Featuring over 140 mock mediation sessions, based on real cross-border commercial disputes, the Competition tested the problem-solving skills of 66 teams from 32 countries including teams from Brazil, Singapore, the United States and Australia.

The aim of the annual competition is to train law and business students to better meet the dispute resolution needs of today’s global market, to know how and when to efficiently use mediation, and how to deal with the cultural sensitivities implied in this process. It gives students an opportunity to test their problem-solving skills in international commercial cases in which they take the role of client and counsel, while some of the world’s leading mediators participate to help the students work towards good solutions.

Staff Contact: Josefa Sicard-Mirabal

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2012 Sees New ICC Rules of Arbitration Enter Into Force

The ICC International Court of Arbitration, the dispute resolution body of the International Chamber of Commerce (part of USCIB’s global network), has officially begun operating under its newly revised Rules of Arbitration.

San Francisco Conference Among Several Upcoming Arbitration Events

The ICC International Court of Arbitration plans to explain the newly revised Rules at the Third Annual ICC Asia-Pacific Conference, which takes place March 8 to 10 at the Palace Hotel in San Francisco.

The conference will examine cutting-edge topics in international arbitration from the perspective of parties in the Asia-Pacific region, including: electronic document production, third-party funding, sovereign immunity, intellectual property arbitration, combined mediation-arbitration proceedings, natural resource arbitration and arbitrator selection procedures. Visit www.iccnorthamerica.org for registration and other information.

In addition, the USCIB Arbitration Committee plans two luncheon meetings for USCIB members and friends interested in arbitration.  The first will be held on January 26 in Washington, DC at the offices of Arnold & Porter LLP.  Special guest Jason Fry, secretary general of the ICC Court, will address ICC’s efforts in the field of investment arbitration.

The second luncheon will be held on January 30 at the New York offices of Latham & Watkins LLP.  John Beechey, president of the ICC Court, and Mr. Fry will speak. The chairs of the Arbitration Committee’s regional subcommittees will also hold their annual meeting on that date.

USCIB members receive a preferential rate for both lunches. Contact Alexandra Akerly (aay@iccwbo.org) for additional information.

Unveiled in September 2011, the much-anticipated Rules reinforce the Court’s commitment towards an efficient and cost-effective arbitration process responsive to the interests and requirements of users worldwide, including the business community, states and state entities.

Court President John Beechey noted that the new Rules were the result of a two year review notable for the degree of consultation undertaken among members of the arbitration community and, most importantly, with commercial and state users of ICC Arbitration. That exercise, he said, had been an essential element of the review process.

“The initial reaction to the new Rules at various launch conferences, held around the world in the last quarter of 2011, was very favorable,” Mr. Beechey said. “The Court looks forward to administering arbitrations under the new Rules, which are both thoroughly up to date and retain the distinctive hallmarks of ICC Arbitration.”

Like all of ICC’s dispute resolution services, ICC Arbitration is based on a set of rules that ensures compliance with best practice across the world.

The new Rules are available, initially, in more than seven languages, consistent with ICC’s global presence. They reflect contemporary practice through the inclusion of new provisions on multi-party and multi-contract arbitrations, an ‘emergency’ service for resolving urgent issues before a tribunal is constituted, and further time and cost-efficiency measures.

“The entry into force of the 2012 Rules has been a much-anticipated date in the ICC’s calendar. It is gratifying to see this project come finally to fruition,” said Jason Fry, secretary general of the ICC Court.

“The secretariat of the Court has been working hard to ensure that there will be a smooth transition to the new Rules, which contain many new features. We now look forward to seeing the Rules in operation and hope that parties and their counsel embrace them, and their emphasis on better time and cost management of the arbitral process.”

Staff Contact: Josefa Sicard-Mirabal

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New ICC Rules of Arbitration a Hot Topic at Miami Conferences

The Latin American launch event for the 2012 ICC Rules of Arbitration, together with the International Chamber of Commerce‘s 9th Annual Miami Conference and the ICC Young Arbitrators Forum (YAF), are set to bring leading arbitration experts from Latin America and beyond to Miami on November 5-8. The launch conference of the 2012 ICC Rules of Arbitration on November 6 will feature talks with some of the experts directly involved in revising the ICC Rules of Arbitration, with simultaneous translation into English, Portuguese and Spanish.

“The Miami Launch of the 2012 ICC Rules of Arbitration comes at a time when states and corporations across Latin America are increasingly looking to arbitration as the most effective means by which to resolve cross-border disputes and disputes of an international nature. The Miami Launch affords users and arbitration practitioners an ideal opportunity to hear more about the changes and innovations in the 2012 ICC Rules of Arbitration and to discuss them with arbitration experts from across the region and from the ICC Court, the Secretariat and the Commission on Arbitration,” said John Beechey, chairman of the ICC International Court of Arbitration.

Organized under the auspices of the ICC International Court of Arbitration, the launch conference is open to anyone working in the field of international arbitration. Discussions will focus specifically on improvements made since the last revision in 1998. The new rules, which enter into force on January 1, 2012, were updated to bring them into line with today’s business and government needs in international trade and investment deals.

Following the launch event, the highly anticipated 9th Annual Miami Conference, on November 7-8, is a key forum for understanding international commercial arbitration in Latin America and the Caribbean. Entitled “International Commercial Arbitration in Latin America: The ICC perspective”, it features a line-up of top-class speakers, including Pedro A. Batista Martins, partner of the law firm Batista Martins Advogados, Brazil.  He said: “ICC’s Miami Conference is the perfect way for the region’s arbitration professionals to keep on top of latest changes in this rapidly-evolving field – whether they speak English, Spanish or Portuguese.”

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USCIB Arbitration Committee Hosts Corporate Counsel Luncheon

L-R: Josefa Sicard-Mirabal (ICC), Stephen E. Smith (Lockheed Martin), Mark Beckett (Latham & Watkins)
L-R: Josefa Sicard-Mirabal (ICC), Stephen E. Smith (Lockheed Martin), Mark Beckett (Latham & Watkins)

Stephen E. Smith, vice president and general counsel with Lockheed Martin Space Systems Company, was the keynote speaker at an October 22 luncheon hosted by USCIB’s Arbitration Committee and held at the New York offices of Latham & Watkins, LLP.

Attended by over 40 legal practitioners, Mr. Smith’s remarks on “Reflections of a Corporate Counsel on International Arbitration” provided attendees with insight into the objectives and expectations of a Fortune 500 company in an arbitration proceeding.

Mr. Smith said institutional arbitration provides significant advantages over ad hoc arbitration and noted that ICC is well positioned as the world’s most international arbitration institution.

Other speakers at the luncheon included Josefa Sicard-Mirabal, ICC’s director of arbitration and ADR for North America, and Mark Beckett, partner at Latham & Watkins and chair of USCIB’s Arbitration Committee.  Additional topics addressed during a lively Q&A session that followed Mr. Smith’s speech ranged from e-discovery to controlling costs in arbitration.

USCIB’s Arbitration Committee serves as the contact point for the ICC International Court of Arbitration and its multi-faceted dispute resolution services.

Staff contact: Suzanne Ulicny

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New ICC Secretary General Makes First Visit to USCIB

ICC Secretary General Jean Rozwadowski (right) with USCIB President and CEO Peter Robinson.
ICC Secretary General Jean Rozwadowski (right) with USCIB President and CEO Peter Robinson.

Just three weeks after taking the reins at the Paris-based world business body, Jean Rozwadowski, the new secretary general of the International Chamber of Commerce, paid a visit to USCIB, which has served as ICC’s American national committee since 1945.

Mr. Rozwadowski was unanimously appointed secretary general by the ICC World Council at a June meeting in Kuala Lumpur, on the eve of the biennial ICC World Chambers Congress.  He succeeds Guy Sebban, who retired at the end of his four-year term.

“We look forward to working closely with Jean as we help bring ICC into its tenth decade,” said USCIB President and CEO Peter M. Robinson.  ICC is in the midst of a year-long series of events marking its 90th anniversary.  The series will include USCIB’s 2009 Annual Dinner at the Waldrof-Astoria in New York

The Paris-based ICC is the largest, most representative private-sector association in the world, with hundreds of thousands of member companies in over 130 countries, including more than 90 where national committees like USCIB provide a platform for participation from their national business communities.

Mr. Rozwadowski met with USCIB’s senior staff and its policy and program department.  Many USCIB policy committees feed directly into the world business organization’s policy-making process.  ICC enjoys top-level consultative status at the United Nations and works closely with UN agencies, other international organizations and national governments on behalf of its worldwide business membership.

“I am delighted and honored to be joining such an illustrious organization,” Mr. Rozwadowski said in accepting his position in June.  “In these times of dramatic and accelerating change, it is more important than ever to strengthen ICC’s mission as the voice of global business in promoting a rules-based multilateral trading system and international cooperation.”

Mr. Rozwadowski was born in Holland to a Polish father and a French mother, and grew up in South Africa.  A French national, he has lived and worked on five continents, holding senior executive positions with MasterCard and American Express in Bahrain, Belgium, Brazil, Britain, France, Germany, Singapore, and the United States. He speaks several languages, including English, French, Portuguese, Polish and Spanish.

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