ANNUAL UPDATE 2014

150 E. 42nd St., 17th Fl. | New York, NY 10017 | +1 917 300 9550 | www.nyiac.org | info@nyiac.org

NY AC New York International Arbitration Center

WELCOME TO NYIAC OUR MISSION ABOUT US MILESTONES GOVERNANCE GLOBAL ADVISORY BOARD PREMIERE HEARING SPACE AN INSIDE LOOK EDUCATIONAL INITIATIVES NYIAC COURSE GLOBAL REACH PROGRAMS & EVENTS INDIVIDUAL MEMBERSHIP THANK YOU TO OUR FOUNDERS

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CONTENT

Design Credit: Martyna Hogendorf Cover Artwork: Tim Foley

1 | NYIAC ANNUAL UPDATE

WELCOME FROM THE CHAIR AND EXECUTIVE DIRECTOR

New York is known for its energy, dynamism and internationalism. At NYIAC, we put those attributes to work in the service of making New York an even better place in which to resolve international disputes. Since its opening in July 2013, NYIAC has:

Operated a superior hearing center. NYIAC has been honored to welcome arbitrators, counsel and parties from around the world. Our facility has booked 39 hearings, representing a broad spectrum of industries and arbitral rules (“Premiere Hearing Space” and “An Inside Look”). NYIAC’s investment in technology has allowed parties to present testimony by video from Chicago, Miami, Singapore, Seoul and Lagos. Our largest hearing room features a simultaneous translation booth. Languages spoken at NYIAC have included Mandarin, Korean, Portuguese, Spanish and French.

Developed original educational programs. NYIAC’s mission includes developing and presenting programs on topics of interest to the international arbitration community in New York. Our calendar has been busy, with two programs on ethics, a special showcase session for the judiciary and events geared to area law students (“Educational Initiatives” and “Programs and Events”). A highlight of the year was a full-day course on the differences between domestic and international arbitration practice (“NYIAC Course”).

Launched individual memberships. In February 2014, NYIAC began offering memberships to experienced practitioners and academics as well as to individuals at early stages of their careers. Members have access to special programs, receive a customized bulletin of upcoming arbitration events, are listed in our online directory and are eligible to serve on NYIAC committees (“Individual Membership”). Now numbering almost 100 people from over a dozen countries, NYIAC members are the core of our growing global network of supporters and friends (“Global Reach”).

Exciting times lie ahead. In January 2015, the NYIAC Board of Directors adopted a Strategic Plan that sets out the institution’s mission, vision and strategic objectives (“Our Mission” and “About Us”). As NYIAC continues to grow, we invite you to join us as a member, supporter, interlocutor, debate partner and friend.

Judith S. Kaye Chair of the Board

Alexandra Dosman Executive Director

NYIAC ANNUAL UPDATE | 2

OUR MISSION

ADVANCE NEW YORK AS A SEAT

FOR INTERNATIONAL ARBITRATION

AND ENCOURAGE PARTIES

WORLDWIDE TO CHOOSE NEW

YORK AS THEIR ARBITRAL SEAT

OPERATE A WORLD-CLASS

HEARING CENTER WITH STATE OF

THE ART TECHNOLOGY

OFFER EDUCATIONAL PROGRAMS

AND ESTABLISH A RESEARCH AGENDA

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NYIAC’S VISION The number of international arbitrations seated and held in New York continues to grow annually. NYIAC is known for its top-notch hearing center services and its educational and research programs. The New York judiciary continues to support international arbitration while safeguarding the integrity of the arbitral process. NYIAC serves as a key resource for in-house counsel, practitioners and arbitrators; and NYIAC’s programs and outreach lead to a global network of supporters.

ABOUT US

NYIAC was founded in 2013 to promote and enhance New York as a leading hub for international arbitration and other forms of alternative dispute resolution. Working with arbitral institutions, practitioners and arbitrators, the judiciary and the academic community, NYIAC facilitates discussion and offers educational programs on international commercial and investment treaty arbitration. NYIAC also operates a world-class hearing center that provides a neutral, private, modern space for the conduct of international arbitrations (either ad hoc or under any institutional rules) or other dispute resolution proceedings.

NYIAC ANNUAL UPDATE | 4

MILESTONES

Establishment of the NYSBA Task Force on New York Law in International Matters

October 2010 The New York International Arbitration Center was established following a recommendation by a task force of the New York State Bar Association (NYSBA) in 2011.[

The Report of the Task Force on New York Law in International Matters emphasized the need for New York to maintain its role as a key player in international dispute resolution, and a permanent center would provide this dedicated space.

Task Force Representatives Below, L-R: James B. Hurlock, Judith Kaye, Joseph T. McLaughlin and Stephen Younger.

Publication of the Task Force’s Final Report

June 25, 2011

Creation of the NYIAC Steering Committee; discussions with founding firms; search for location

January 2012

Sept. 16, 2013

Justice Charles E. Ramos designated to handle all international arbitration cases before the Commercial Division, New York County

June 17, 2013

NYIAC Launch Party First hearing held at NYIAC

July 15-19, 2013

April 7, 2014

NYIAC hosts reception in Miami

May 12, 2014

Martyna Hogendorf joins as Operations Manager

NYIAC Course: What’s Different About International Arbitration? Practical Tips for Lawyers and Arbitrators

November 24, 2014

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NYIAC formed as a New York not-for-profit corporation; Judith S. Kaye, Edna Sussman and James Carter serve as initial directors

June 29, 2012

Kick-off NYIAC Board meeting and reception at Paul, Weiss, Rifkind, Wharton & Garrison LLP

January 23, 2013 April 2013

Sublease signed for premises at 150 E. 42nd St.; website launched (www.nyiac.org)

May 1, 2013

Alexandra Dosman appointed as Executive Director

December 2013

Website 2.0: e-commerce launched

February 2014

Individual membership program launched

February 17-21, 2014

First investment treaty arbitration held at NYIAC

March 21, 2014

Judicial Colloquium/ Showcase Event: “The Challenge of Our New Global World”

Welcome reception in Miami on the occasion of the 22nd ICCA Congress (April 7, 2014)

“With the opening of NYIAC, New York now has a world-class hearing center and hub for the city’s thriving international arbitration community.” – Judith S. Kaye

NYIAC ANNUAL UPDATE | 6

GOVERNANCE

NYIAC Committee Chairs

Audit Committee Peter J. W. Sherwin

Contracts Committee Richard L. Mattiaccio

Finance Committee Peter J.W. Sherwin

Governance Committee James H. Carter

Nominating Committee Stephen P. Younger

Program Committee Aníbal M. Sabater

Technology Committee Sherman Kahn Gregory A. Litt

NYIAC Officers

Judith S. Kaye James H. Carter

Edna Sussman Jennifer Permesly

Kenneth Bond

Judith S. Kaye James H. Carter

Edna Sussman John L. Gardiner

Richard L. Mattiaccio Joseph E. Neuhaus Jennifer Permesly

Peter J. W. Sherwin Richard H. Silberberg

Robert L. Sills Stephen P. Younger

Skadden, Arps, Slate, Meagher & Flom LLP Wilmer Cutler Pickering Hale and Dorr LLP SussmanADR Skadden, Arps, Slate, Meagher & Flom LLP Squire Patton Boggs (US) LLP Sullivan & Cromwell LLP Chaffetz Lindsey LLP Proskauer Rose LLP Dorsey & Whitney LLP Orrick, Herrington & Sutcliffe LLP Patterson Belknap Webb & Tyler LLP

NYIAC Executive Committee

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Chair Vice Chair Vice Chair Treasurer Secretary

C. Mark Baker Aldo A. Badini

Timothy G. Cameron Camilo Cardozo

James P. Duffy IV Hagit M. Elul

Gabrielle E. Farina Martin Flumenbaum

Paul D. Friedland John L. Gardiner Grant Hanessian

Edward G. Kehoe Louis (Benno) Kimmelman

Brian King Eliot Lauer

David M. Lindsey Alan E. Mansfield

Richard L. Mattiaccio Jonathan M. Moses Joseph E. Neuhaus

Michael Nolan Michael S. Oberman

Thomas N. Pieper John V.H. Pierce

Elliot E. Polebaum Matthew D. Richardson

Philip D. Robben Jeffrey A. Rosenthal

Samantha J. Rowe Claudia T. Salomon Jonathan D. Schiller Peter J.W. Sherwin

Richard H. Silberberg Robert L. Sills

Robert H. Smit Henry Weisburg

John H. Wilkinson Stephen P. Younger

Mark Zauderer

Norton Rose Fulbright (Fulbright & Jaworski LLP) Winston & Strawn LLP Cravath, Swaine & Moore LLP DLA Piper K&L Gates LLP Hughes Hubbard & Reed LLP Thompson & Knight LLP Paul, Weiss, Rifkind, Wharton & Garrison LLP White & Case LLP Skadden, Arps, Slate, Meagher & Flom LLP Baker & McKenzie LLP King & Spalding LLP Sidley Austin LLP Freshfields Bruckhaus Deringer LLP Curtis, Mallet-Prevost, Colt & Mosle LLP Chaffetz Lindsey LLP Greenberg Traurig LLP Squire Patton Boggs (US) LLP Wachtell, Lipton, Rosen & Katz Sullivan & Cromwell LLP Milbank, Tweed, Hadley & McCloy LLP Kramer Levin Naftalis & Frankel LLP International Section of the New York State Bar Association Wilmer Cutler Pickering Hale and Dorr LLP Fried, Frank, Harris, Shriver & Jacobsen LLP Alston & Bird LLP Kelley Drye & Warren LLP Cleary Gottlieb Steen & Hamilton LLP Debevoise & Plimpton LLP Latham & Watkins LLP Boies, Schiller & Flexner LLP Proskaeur Rose LLP Dorsey & Whitney LLP Orrick, Herrington & Sutcliffe LLP Simpson Thacher & Bartlett LLP Shearman & Sterling LLP Dispute Resolution Section of the New York State Bar Association Patterson Belknap Webb & Tyler LLP Flemming Zulack Williamson Zauderer LLP

BOARD OF DIRECTORS

NYIAC ANNUAL UPDATE | 8

GLOBAL ADVISORY BOARD Gerald Aksen

Co-Chairperson Independent Arbitrator and Mediator

George Bermann Co-Chairperson

Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law & Director, Center for International Commercial and Investment Arbitration, Columbia Law School

Chiann Bao Secretary General, Hong Kong International Arbitration Center

Gary Born Wilmer Cutler Pickering Hale and Dorr LLP

Robert Davidson Executive Director, JAMS Arbitration Practice

Linda J. Silberman Martin Lipton Professor of Law & Co-Director, Center for Transnational Litigation, Arbitration, and Commercial Law, New York University School of Law

Emmanuel Gaillard Shearman & Sterling LLP

Teresa Giovannini LALIVE

Jacqueline Nolan-Haley Professor of Law, Fordham University

Neil Kaplan Independent Arbitrator

Meg Kinnear Secretary-General, International Centre for Settlement of Investment Disputes

Christopher Lau Senior Counsel, 3VB

Seok Hui Lim Chief Executive Officer, Singapore International Arbitration Centre

Salim Moollan Essex Court Chambers

Richard Naimark Senior Vice President, International Center for Dispute Resolution/American Arbitration Association

Josefa Sicard-Mirabal Executive Director, SICANA, Inc./International Court of Arbitration

William W. Park R. Gordon Butler Scholar in International Law and Professor of Law, Boston University

Jan Paulsson Three Crowns LLP, and Michael Klein Distinguished Scholar Chair at the University of Miami School of Law

José Emilio Nunes Pinto JENP Advogados

Catherine A. Rogers Professor of Law and Paul and Marjorie Price Faculty Scholar & Professor of Ethics, Regulation & The Rule of Law, Penn State Law; and Director, Institute for Ethics, Regulation & The Rule of Law, Queen Mary, University of London

Thomas J. Stipanowich Academic Director, Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law, Pepperdine University School of Law

S.I. Strong Associate Professor of Law & Senior Fellow, Center for the Study of Dispute Resolution, University of Missouri School of Law

Eduardo Zuleta Gómez-Pinzón Zuleta abogados S.A.

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All-Inclusive ApproachOur hearing rooms feature large LCD monitors, individual wireless microphones, audio/video conferencing and a translation booth for simultaneous interpretation. Wifi is available throughout the facility, and a business center for printing needs. Use of NYIAC’s technology is included in our rental rates.

Comfort and ConvenienceOur facilities were purpose-built for international cases, providing all the essentials for a seamless experience. Spacious rooms, generous shelving, natural light, and a comfortable café make NYIAC an ideal hearing venue. NYIAC is centrally located in Midtown Manhattan near Grand Central Terminal.

PREMIERE HEARING SPACE

Our largest hearing room, Central Park, comfortably seats over 50 people.

NYIAC ANNUAL UPDATE | 10

39 Total Bookings at NYIAC 2013-2014

3.9 Days Average Length of Hearing

119 Total Days Occupied 2013-2014

23 Full Space Rentals

11 Partial Space Rentals

5 Cancellations

INDUSTRIES REPRESENTED

Biotechnology Construction Electronics Energy Finance Hospitality Insurance Maritime Metals Pharmaceutical Telecommunications

SPANNING THE GLOBE Firms representing clients from 15+ countries hosted hearings at NYIAC.

ALL RULES WECOME

NYIAC does not administer arbitrations. Instead, it welcomes hearings held under any institutional rules (or ad hoc).

AN INSIDE LOOK

ICD

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ICC

AA

A

UN

CITR

AL

CPR

Frequently Used Arbitration Rules at NYIAC

First hearing held at NYIAC, the week of July 15, 2013. Arbitration Panel (L-R) : Donald Marston, Guillermo Aguilar-Alvarez, Elizabeth Silbert (tribunal secretary) and Robert Rubin.

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Hearing Rooms

Central Park 40-60 people Bryant Park 20-30 people Riverside Park 16-20 people

Breakout Rooms

Each seating 10-12 people Union Square The High Line Washington Square

Rates and more information available at www.nyiac.org. To book, contact info@nyiac.org.

– Dr. Gavan Griffith QC

“The facilities as a whole were superb, and the support from NYIAC staff helped to make our experience in New York seamless.”

– David Haigh, Bruno Boesch & Abraham Sofaer

“Holding a hearing at the center is far easier than using a law office or a hotel conference center.”– David M. Lindsey, Chaffetz & Lindsey LLP

“I have no doubt that NYIAC will for many years to come be the venue of choice for international arbitration hearings in the big apple.”

– Ank Santens, White & Case LLP

NYIAC ANNUAL UPDATE | 12

“A huge success. Timely topics presented by a spectacular cast of

leading arbitrators.”

“Top-notch, very well prepared.”

International arbitration differs in key ways from domestic United States arbitration and from litigation in local courts, from the vocabulary used to the presentation of evidence to the form of an arbitral award. This day- long training program for lawyers and arbitrators addressed the legal and the cultural differences from domestic U.S. practice. Attendees learned not only the substantive legal rules, but also the practical “know how” needed to approach international arbitration with confidence.

NYIAC COURSE

NYIAC Course on International Arbitration November 24, 2014

Co-chairs: Judith S. Kaye, Edna Sussman, Robert H. Smit Panelists (L-R): Judith S. Kaye, Louis (Benno) Kimmelman,

Judge Gerard Lynch, Professor George Bermann, Hagit M. Elul, Marc Goldstein

NYIAC ANNUAL UPDATE | 14

Claudia Winkler, Harvard Law School Ramat DeLeon-Nwaha, Westchester Community College Alexander Grimm, Columbia University School of Law Marco Buzzoni, New York University School of Law

Karen Gardiner, Trinity College Dublin Rebeca Mosquera, New York University School of Law Matthew Henry, Brooklyn Law School Veronica Mazzoleni, Fordham University School of Law

NYIAC strives to advance the knowledge and practice of international arbitration in New York. Under the guidance of its Program Committee, NYIAC offers educational programs for both young and established arbitration practitioners. NYIAC also welcomes externs from law faculties (generally at the LL.M. level) and volunteers. As NYIAC grows as an institution it aims to become a key resource for practitioners by providing regular updates on New York case law. NYIAC is proud to support the UNCITRAL New York Convention case law initiative.

EDUCATIONAL INITIATIVES

NYIAC INTERNS & VOLUNTEERS MCLAUGHLIN FELLOWSHIP

The McLaughlin Fellowship was created to honor the memory of Joseph T. McLaughlin, a pioneer in the New York international arbitration community. Mr. McLaughlin was a leading advocate, arbitrator and mediator.

In continuing with Mr. McLaughlin’s vision, sense of purpose and commitment to advancing the practice and scholarship of arbitration in New York, the inaugural McLaughlin Fellow, Olivia Pelli, focused on developing NYIAC’s substantive research projects. Ms. Pelli, a Swiss national, is a graduate of the New York University School of Law (IBRLA LL.M.), the University of Zurich (Ph.D.), and the University of Geneva (Master in Law).

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MCLAUGHLIN FELLOWSHIP

The Hong Kong International Arbitration Centre hosted the New York segment of their Road Show at NYIAC on June 12, 2014. The program featured a mock arbitration, conducted under the new 2013 HKIAC Administered Arbitration Rules (Left, L-R: James Berger, Claudia Salomon, Craig Celniker, Chiann Bao, John Fellas, James Chun).

The Swiss Arbitration Association debated the role of arbitrators as settlement facilitators in a panel discussion held at NYIAC on October 16, 2014. (Above: speaking, Alexandra Johnson. Panel, L-R: Melissa Magliana, Tanya Landon, Tobias Zuberbühler, John Fellas.)

Representatives of the Lagos Court of Arbitration met

with a group organized by the International Senior Lawyers Project (ISLP) in June 2014, prior to a roundtable discussion on the advancement of arbitration in Africa. (Below, L-R: Olabisi Obamuroh, Alexandra Dosman, Liman Oseni, Charles Adeyemi Candide-Johnson, Steven Holder, Megha Joshi.)

NYIAC’s programs and outreach efforts have created a global network of supporters. By partnering with both local and international organizations and by offering individual memberships, we aim to expand our reach and create lasting connections worldwide.

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In late 2014, NYIAC was granted Observer status for the UNCITRAL Working Group II (Arbitration & Conciliation) session in February 2015. The session was held at United Nations Headquarters (image to the left).

GLOBAL REACH

NYIAC Launch Party

Ethics CLE Program “Ethics in International Arbitration, Really?”

Panel Discussion held at the Council of the Americas: “New York: A Bridge Too Far or a Place Called Home for Latin American Arbitration?” Panel, Q&A and Reception for LLM Students

Judicial Colloquium/Showcase Event with Harold H. Koh, “International Arbitration: The Challenge of Our New Global World”

Welcome Reception in Miami

Book Preview, “Ethics in International Arbitration”

Breakfast Series featuring Luis Martinez

Law Student Welcome Event: “International Arbitration in New York City”

NYIAC Full-Day Course on International Arbitration

Breakfast Series featuring Josefa Sicard-Mirabal

CPR Y-ADR & NYIAC Seminar and Networking Reception for Young Lawyers

JUNE 21, 2013

JUNE 27, 2013

JANUARY 16-18, 2014

FEB. 4, 2014

MAY 29, 2014

JUNE 12, 2014

OCT. 16, 2014

International Arbitration Club of New York

City Bar Committee on International Commercial Disputes

Foundation for International Arbitration Advocacy Workshop Global Advisory Board Meeting NYSBA Event Featuring Hon. Charles E. Ramos

HKIAC Road Show

Swiss Arbitration Association Panel

PROGRAMS & EVENTS

NYIAC PROGRAMS HOSTED EVENTS

NYIAC ANNUAL UPDATE | 16

A. Dosman and Aníbal Sabater, NYIAC Program Committee Chair

JUNE 17, 2013

SEPT. 3, 2013

FEB. 6, 2014

MARCH 11, 2014

MARCH 21, 2014

APRIL 7, 2014

JUNE 11, 2014

SEPT. 10, 2014

OCT. 20, 2014

NOV. 24, 2014

DEC. 3, 2014

DEC. 9, 2014

Connect. Opportunities to network with a community of leading international arbitration practitioners.

Learn. Attend CLE programs, seminars and conferences to further your practice. Individual members enjoy a 20% discount

on NYIAC programs.

Join. Be featured in our Individual Members Online Directory.

Participate in committees and help shape the future of NYIAC.

INDIVIDUAL MEMBERSHIP

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Be a part of all of the progress and excitement at the New York International Arbitration Center and join as an Individual Member. In addition to supporting NYIAC’s work, you will enjoy access to a community of leading international arbitration practitioners, attend members-only events, appear in our online directory, and be eligible to serve on NYIAC committees.

Exclusively for Individual Members

Wednesday Breakfast SeriesRegular morning sessions featuring speakers from leading arbitral institutions. Participants engage inconversations on key international arbitration issues and recent developments.

THANK YOU TO OUR FOUNDERS

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NYIAC was made possible by the extraordinary effort and vision of leading members of the New York international arbitration community. Thanks to the commitment of 37 founding law firms and two founding organizations, NYIAC was able to launch its standard-setting hearing center and to develop innovative programming. As a non-profit organization dedicated to enhancing New York as an arbitral seat, we are honored to be supported by such a broad coalition of leaders from the private bar and from two sections of the New York State Bar Association. As a final word, NYIAC extends its ongoing gratitude to its founders.

The New York International Arbitration Center

150 E. 42nd St., 17th Fl.

New York, NY 10017

info@nyiac.org | www.nyiac.org | +1 917 300 9550

NY AC New York International Arbitration Center