31
Roschier Arbitration Forum 29 May 2013
Roschier Arbitration Forum
29 May 2013
Index
Program
CVs for panelists
Jan-Michael Ahrens, Siemens
Tariq Baloch, Freshfields
Giuditta Cordero-Moss, University of Oslo
Karl-Oscar Dalin, Skanska
Erik Ficks, Roschier
Henrik Fieber, Roschier
Gisela Knuts, Roschier
Torsten Lörcher, CMS Hasche Sigle
Gerard Meijer, NautaDutilh
Hannu Parkkola, Konecranes
Aapo Saarikivi, Roschier
Tim Stanley, Control Risks
Eva Storskrubb, Roschier
Petri Taivalkoski, Roschier
Julia Zagonek, White & Case
Previous Roschier Arbitration Forums
Program
Roschier Arbitration Forum 2013 Arbitration – the preferred method of international
dispute resolution?
Wednesday, 29 May 2013 – Grand Hôtel, Stockholm
10.00 Registration at Grand Hôtel
10.30 Opening address Henrik Fieber, Roschier
10.45 First panel: From the horse’s mouth – what the users really think about international dispute resolution
Moderator: Gisela Knuts, Roschier
Panel: Jan-Michael Ahrens, Siemens
Karl-Oscar Dalin, Skanska
Hannu Parkkola, Konecranes
12.00 Lunch
13.15 Second panel: The “threat” from more efficient cross-border litigation in Europe
Moderator: Eva Storskrubb, Roschier
Panel: Giuditta Cordero-Moss, University of Oslo
Erik Ficks, Roschier
Torsten Lörcher, CMS Hasche Sigle
Gerard Meijer, NautaDutilh
14.30 Coffee break
15.00 Third panel: Enforcement of arbitral awards
Moderator: Petri Taivalkoski, Roschier
Panel: Tariq Baloch, Freshfields
Aapo Saarikivi, Roschier
Tim Stanley, Control Risks
Julia Zagonek, White & Case
16.15 Closing remarks Henrik Fieber, Roschier
16.30 Closing reception at Roschier’s offices (Blasieholmsgatan 4 A)
CVs for panelists
Jan-Michael Ahrens, Siemens
Tariq Baloch, Freshfields
Giuditta Cordero-Moss, University of Oslo
Karl-Oscar Dalin, Skanska
Erik Ficks, Roschier
Henrik Fieber, Roschier
Gisela Knuts, Roschier
Torsten Lörcher, CMS Hasche Sigle
Gerard Meijer, NautaDutilh
Hannu Parkkola, Konecranes
Aapo Saarikivi, Roschier
Tim Stanley, Control Risks
Eva Storskrubb, Roschier
Petri Taivalkoski, Roschier
Julia Zagonek, White & Case
Dr. Jan-Michael Ahrens, LL.M. Siemens AG CL LIT IC Werner-von-Siemens-Str. 50 D - 91052 Erlangen [email protected] Professional Experience 2009 – Head of Corporate Litigation – Infrastructure & Cities, Senior Counsel Siemens AG, Erlangen
Worldwide responsibility for handling material disputes (arbitration, litigation, ADR), for advising on non-material disputes and dispute-resolution clauses, and for establishing internal rules and procedures regarding dispute resolution
2002 – 2008 Senior Associate Lenz & Staehelin, International Arbitration Group, Geneva Herbert Smith, London (secondment) 1998 – 2000 Assistant Professor University of Geneva, Private International Law Department Education 1998 – 2001 PhD in Law University of Freiburg (Br.) 1998 – 1999 LL.M. in International Economic Law and EU Law Universities of Geneva and Lausanne 1991 – 1997 Studies of Law Universities of Bonn, Geneva and Freiburg (Br.) Other
Arbitrator in international arbitration proceedings
Board Member of DIS40 (Young Practitioners’ Group of the German Arbitration Institution)
Lectures and publications in the field of international dispute resolution
Admitted to the bar in Berlin, Geneva and England & Wales (n.p.)
Freshfields Bruckhaus Deringer LLP 1
Tariq Baloch Associate
T +44 20 7427 3658 E [email protected]
Tariq is an associate in the firm’s international arbitration group in London, having started his career in the Paris office and worked in the Dubai office.
Tariq has represented or advised private parties and states under a variety of arbitral rules including the ICC, LCIA, SCC, ICSID, UNCITRAL and DIAC rules, in a range of sectors such as banking, telecommunications, oil and gas, insurance and reinsurance and construction and energy. He is on the ICSID panel of arbitrators.
His recent experience includes representing:
the government of Romania in ICSID arbitration proceedings commenced by investors claiming compensation in relation to tax privileges and benefits revoked in accordance with EU requirement for accession;
a large French food and beverage company against its Chinese joint venture partners in a multi-billion dollar dispute under the SCC rules;
a large German conglomerate in an ICC arbitration against its Brazilian licensee; and
a Middle Eastern national oil company in a LCIA arbitration about the expansion and operation of a refinery.
Tariq has an expertise in the common law of obligations and commercial law, and has published widely in these areas. He is the author of a leading book on English contract law and Unjust Enrichment/Restitution, Unjust Enrichment and Contract (Hart, Oxford 2009).
Prior to entering practice, Tariq was a full time academic and had been a lecturer and tutor at the University of Oxford and the London School of Economics.
Tariq is an English practising barrister (Lincoln's Inn). He was educated at the University of London (Herchel Smith Scholar), Harvard Law School (Kennedy Scholar) and the University of Oxford (Graduate Scholar), where he obtained his doctorate in law.
Name Giuditta Cordero-Moss (December 7th, 1961, Milan, Italy)
Education 1999 - Dr. juris, Faculty of Law, University of Oslo
1995 - Ph.D. (law), Institute of State and Law ,Russian Academy of Sciences, Moscow
1984 - Law Degree, University of Rome
Titles Professor (University of Oslo)
Advokat (Attorney-at-law, Norwegian Bar Association)
Avvocato (Attorney-at-law, Italian Bar Association, Rome)
Nationality Norwegian
Languages Italian (native language)
English (TOEFL score 1981: 633/660, "excellent")
German (Grosses deutsches Sprachdiplom, Goethe Institut Rom, 1984: "good")
Norwegian (Test i norsk for fremmedspråklige, Universitet i Bergen,1990: 596/700)
Russian (Postgraduate-exam of Russian language for foreigners, University of St.
Petersburg, 1994: "excellent")
1. Academic Activity
2012-2015 UNIVERSITY OF OSLO, Law Faculty – Director of the Department of Private Law
1999 to date UNIVERSITY OF OSLO, Law Faculty – Professor (from 1999 to 2004 part time
Associate Professor)
Lectures and seminars on International Commercial Law, Private Comparative Law,
Private International Law, Contract Law; supervision of undergraduate and postgraduate
students.
2000-2008 CENTRE FOR ENERGY, PETROLEUM & MINERAL LAW & POLICY, University
of Dundee, Scotland - Principal Research Fellow, Honorary Lecturer (2000 to 2002
Senior Research Fellow)
Lectures on Regulation of International Business, supervision of postgraduate students
1996-1998 UNIVERSITY OF OSLO, Law Faculty – Research Fellow (during maternity leave from
Norsk Hydro)
Work on Dr.juris thesis
1992-1995 INSTITUTE OF STATE AND LAW, RUSSIAN ACADEMY OF SCIENCES,
Moscow, Russian Federation - Postgraduate student (part time)
Work on PhD thesis
1986-1988 MAX-PLANCK-INSTITUT FÜR INTERNATIONALES STRAFRECHT,
FREIBURG, Germany - Guest researcher in summer months
1984-1985 UNIVERSITY OF ROME, Italy, Law Faculty – Assistant Researcher
2. Private Legal Practice
1999-2002 Partner, ADVOKATFIRMAET HJORT DA (1999-2001) and ADVOKATFIRMA DLA
NORDIC (former LINDH STABELL HORTEN) DA (2002; 2003-09 of counsel)
Legal counselling on international commercial transactions (with particular
emphasis on transactions in Russia, Eastern Europe and Italy), financing,
2 (5)
private international law, international commercial arbitration.
2002 Global Counsel 3000 Highly Recommended Lawyer, M&A and dispute resolution
Legal 500 Highly Recommended Lawyer, banking and finance
2001 Global Counsel 3000 Highly Recommended Lawyer, M&A
Legal 500 Highly Recommended Lawyer, banking and finance
3. Inhouse Legal Practice
1986-1999 FIAT S.p.A., Turin, Italy (1986-1989) and NORSK HYDRO a.s, Oslo, Norway (1989-
1999)
4. Legal and Commercial Practice
Appointments as Arbitrator, Judge
2007-2015 Judge, Administrative Tribunal, European Bank for Reconstruction and Development
2002 to date Frequently appointed as sole arbitrator, co-arbitrator or chairman of the arbitral tribunal
(Stockholm Chamber of Commerce, Central Chamber of Commerce of Finland,
International Chamber of Commerce, ad hoc) in disputes relating to:
Engineering agreements
Supply agreements
Agency agreements
Settlement agreements
Consultancy agreements
Licence agreements
Tie-in contracts in off-shore hydrocarbon production
Investment protection (governed by the Bilateral Investment Treaty between the
Russian Federation and the Republic and Moldova and Moldovan law)
Committees
2010 to date Country Delegate (Norway), Working Group II (Arbitration), United Nations
Commission on International Trade Law (UNCITRAL), transparency in treaty based
arbitration
2007-2010 Country Delegate (Norway), Working Group II (Arbitration), United Nations
Commission on International Trade Law (UNCITRAL), revision of the 1976
UNCITRAL Arbitration Rules
2007 to date Country Delegate (Norway), International Chamber of Commerce Commission on
Arbitration Task Force “National rules of procedure for recognition and enforcement of
foreign awards pursuant to the New York Convention of 1958”
2003 to date Member of the Commission on Arbitration of the International Chamber of Commerce,
Paris
2001 to date Member of the Norwegian National Committee, International Chamber of Commerce
2001 to 2003 Vice-Chairman, Italian Norwegian Chamber of Commerce (Member of the Board of
Directors from 2001 to 2002)
3 (5)
2001 to 2003 Member of the Corporate Law Legal Committee, Norwegian Bar Association
1995 Member of the Legal Committee and of the Tax/Accounting Committee of the
Petroleum Advisory Forum, Moscow (Association of Western Oil Industry with the
purpose of contributing to reform of oil legislation in Russia)
1989 Participant to the EUROPEAN ROUNDTABLE OF INDUSTRIALISTS’
Exchange Programme EUROJOB: visiting attorney in Norsk Hydro a.s, Norway
1988 Member of the Education Working Group's YOUTH PROGRAMME, EUROPEAN
ROUNDTABLE OF INDUSTRIALISTS.
Boards, Corporate Bodies
2011 to date Member of the Board of Directors of Det Norske Universitetssenter i Sankt Petersburg
(The Norwegian University centre in Saint Petersburg)
2010 to date Member of the Board of Directors of the Arbitration Institute, Oslo Chamber of
Commerce
2006-2010 Member of the Board of Directors of OAO DnB Nor Monchebank, Murmansk, Russia
(bank, subsidiary of DnBNor ASA)
2004 to date Member of the Board of Directors of Protector Forsikring ASA (insurance company)
5. Academic Activities
Direction of Research
2009-2014 Founder, member of the Steering Committee and manager of the research project
“Arbitration and Party Autonomy”:
http://www.jus.uio.no/ifp/english/research/projects/choice-of-law/
2008-2011 Deputy Director, Department of Private Law, Law Faculty, University of Oslo
2004-2009 Founder, member of the Board and manager of the inter-departmental research project
and international network “Anglo-American Contract Models and Norwegian or Other
Civil Law Governing Law”, financed by the Research Council of Norway: http://www.jus.uio.no/ifp/forskning/prosjekter/anglo-project/
July 2002 Director of Studies, Hague Academy of International Law, Course on Private
International Law
Evaluation Boards
2012 Member of the Evaluation Board for the appointment as lecturer in arbitration law,
University of Stockholm, Sweden
2011 Member of the Evaluation Board for the appointment as lecturer in private international
law, University of Stockholm, Sweden
2011 Member of the Evaluation Board for a doctoral thesis on the development of Russian
international law, University of Turin, Italy
4 (5)
2010 Member of the Evaluation Board for the appointment as lecturer, Law Faculty,
University of Örebro, Sweden
2010 Chairman of the Evaluation Board for a doctoral thesis on contract law and company
law aspects of dynamic networks, University of Oslo
2009 Internal Examiner for a PhD thesis on the concurrent jurisdiction between treaties and
domestic tribunals, Centre for Energy, Petroleum and Mineral Law and Policy, Dundee,
Scotland
2009 Member of the Evaluation Board for the appointment as “Adjunct Professor”, Law
Department, Copenhagen Business School, Denmark
2007 Chairman of the Evaluation Board for a doctoral thesis on state contracts and investment
arbitration, University of Oslo
2007 External Referee for a “Habilitationskommission” for professor qualification (venia
docendi) in International Law, University of Vienna, Austria
2007 External Referee for Academy Research fellow Posts and Senior Scientist’s Grant
applications, Research Council for Culture and Society at the Academy of Finland
2006 Chairman of the Evaluation Board for a Professorship in International Commercial and
Investment Law, University of Oslo
2006 Member of the Evaluation Board for a PhD thesis on the private international law
principle of domicile, University of Uppsala, Sweden
2006 Internal Examiner for a PhD thesis on the principle of force majeure in investment
disputes, Centre for Energy, Petroleum and Mineral Law and Policy, Dundee, Scotland
2002-2006 Referee for project applications for the Environment and Development Division –
Cooperation programme with Russia, Research Council of Norway
2005 Internal Examiner for a PhD thesis on renegotiation clauses in international petroleum
contracts, Centre for Energy, Petroleum and Mineral Law and Policy, Dundee, Scotland
2001 Chairman of the Evaluation Board for a thesis for the “lisensiat” degree at the Oslo
University on international jurisdiction in electronic contracts
Editorial Boards
2011-2015 General Editor, Lov og Rett
2007- 2011 Member of the Editorial Advisory Board, Journal of World Energy Law and Business
2006-2008 Member of the Editorial Board, Review of Central and East European Law
Research Groups, Associations
2010 to date Associate member, International Academy of Comparative Law
2009-2011 Member of the International Law Association Study Group on Role of Soft Law
Instruments in International Investment Law
5 (5)
2008 Member of the Steering Committee for the establishment of an International Law
Association Study Group on Role of Soft Law Instruments in International Investment
Law
2007 to date Co-founder and chairman of the Norwegian Association for Comparative Law
2006-2008 Member of the International Law Association Committee on International Law of
Foreign Investment
2004 to date Member of the European Research Group on Existing EC Private Law
2002 to date Member of the Nordic Group for Private International Law
1985 to date Member of the Italian Association for Comparative Law
Publications and Lectures
Numerous publications and lectures in the fields of inter alia contract law, private international law,
comparative law and arbitration. A detailed list is available at:
http://folk.uio.no/giudittm/GCM_CURRICULUM%20VITAE.htm
Curriculum Vitae Karl-Oscar Dalin
Karl-Oscar Dalin
Mobile/SMS +46 76 81 646 18
Skanska AB (publ), Vice President Legal, Stockholm (2008 – 2013) www.skanska.com Focus areas: Corporate law and compliance; real estate and construction; business ethics; management of international disputes, transactions and procurement. Gernandt & Danielsson, Stockholm (2001 – 2008) www.gda.se Focus areas: Dispute resolution, mainly international commercial arbitration. Sullivan & Cromwell , New York (2005 – 2006) www.sullcrom.com Focus areas: Securities, mergers & acquisitions. Södra Roslags District Court (1999 - 2001) Court clerk Vinge, Stockholm (1998 – 1999) www.vinge.se Focus areas: Insolvency and debt recovery. Education (1992 – 1998) University of Uppsala Law School, Law Degree 1993 - 1998 University of Stockholm, Economics 1997 University of Minnesota Law School, Minneapolis, USA 1996 University of Uppsala, Political Science 1992 - 1993 University of Linköping, English 1992
Erik Ficks Senior associate
Office: Stockholm E-mail: [email protected] Tel. +46 8 553 190 40 Mobile: +46 76 128 90 92
Erik Ficks is a Stockholm-based Senior associate and member of Roschier’s Intellectual Property and Dispute Resolution practices. He specializes in matters of contentious and non-contentious intellectual property (IP) work in several industrial sectors. Erik has extensive experience from acting as counsel in arbitration proceedings and before national courts (including in multi-jurisdictional IP litigation). He also has extensive experience from multi-jurisdictional IP licensing, brand sharing, technology transfers and R&D collaborations.
Erik's work experience includes working with IP in London for the law firm Herbert Smith Freehills.
Practice areas Intellectual Property, Dispute Resolution, Marketing & Consumer, TMT, Em-ployment & Benefits
Languages Swedish, English
Career Roschier (2007-) Herbert Smith /London, Visiting lawyer (2012) Luleå University of Technology, Guest lecturer (2008)
Education Uppsala University, LL.M. (2007)
Memberships & professional appointments
Member of the Swedish Bar Association Member of the Swedish Arbitration Association (SAA) Member of SCC Young Arbitrators Stockholm (YAS) Member of the London Court of International Arbitration (LCIA) Member of Young International Arbitration Group (YIAG) Member of Licensing Executives Society (LES) Member of AIPPI (International Association for the Protection of Intellectual Property) Member of Swedish Association for the Protection of Industrial Property (SFIR) EPLAW Patent Blog, Member of the Editorial Board Swedish Anti-Counterfeiting Group (SACG), Member of the Board
Publications “Sweden” in Giuseppe De Palo and Mary B. Trevor (eds), “EU Mediation Law and Practice”, Oxford University Press, 2012
“New Swedish Trademark Act – Prepared for the Future?”, IPRinfo, 2011
“Företagens immaterialrätt vid insolvens” (“Companies’ Intellectual Property
2 (2)
in Insolvency”), Pointlex Legala Affärer, 2009
“Interimistiska förbud vid intrång i läkemedelspatent” (”Preliminary Injunc-tions against Infringements of Pharmaceutical Patents”) with T. Groop, Nor-diskt Immateriellt Rättsskydd/Nordic Intellectual Property Law Review (NIR), 2009
“Models of General Court-Connected Conciliation and Mediation for Com-mercial Disputes in Sweden, Australia and Japan”, Zeitschrift für Japanisches Recht/Journal of Japanese Law, 2008
”Medling i allmän domstol” (”Mediation in General Courts”), Juridisk Tidskrift (JT), 2007-08
”’Alternativ tvistlösning’ för allmän domstol i Sverige – Utredningens förslag och en jämförelse med Finland” (”’Alternative Dispute Resolution’ for General Courts in Sweden – The Government Inquiry’s Result and a Comparison with Finland”), Tidskrift utgiven av Juridiska Föreningen i Finland (JFT), 2007
Henrik Fieber Partner
Office: Stockholm E-mail: [email protected] Tel. +46 8 553 190 38 Mobile: +46 76 841 18 81
Henrik Fieber is a Stockholm-based Partner specialized in dispute resolution. He has extensive experience acting as counsel in arbitration proceedings in Sweden and abroad – both institutional (SCC, CCCF and ICC) and ad hoc – as well as before the Swedish courts.
Henrik has been involved in disputes related to a wide range of different areas, including agency and distribution agreements, insurance arrangements, sale and purchase agreements, joint ventures, M&A transactions, shareholders’ agreements and enforcement of judgments and arbitral awards. In addition, Henrik frequently advises his clients in relation to criminal and regulatory investigations, including anti-corruption and other areas of corporate compliance. His clients include public and private companies – active in, amongst others, the automotive, oil and gas, aviation, manufacturing, mining and services industries – as well as states and private individuals.
In addition to his counsel work, Henrik also acts as arbitrator.
Henrik’s previous experience includes working for the Swedish court system as a judge in the District Court and the Court of Appeal.
In addition to an LL.M. degree from the Stockholm University, Henrik holds an LL.M. in international legal studies from the New York University School of Law. He frequently lectures on arbitration and litigation related topics, for example at the Master Program in International Commercial Arbitration Law (ICAL) at the Stockholm University.
Henrik is currently responsible for coordinating Roschier’s pro bono work at the Stockholm office.
Practice areas Dispute Resolution
Languages Swedish, English
Career Roschier, Partner (2011-) Roschier (2008-) Nilsson & Co., Senior Associate (2008) Cederquist, Associate Lawyer (2006-2007) Svea Court of Appeal, Associate Judge (2005-2006) Stockholm District Court, Assistant Judge (2003-2005) Stockholm University, Guest Lecturer (2004-2006) Svea Court of Appeal, Law Clerk (2001-2002) Köping District Court, Law Clerk (1999-2001)
Education New York University School of Law, LL.M. (2003)
2 (2)
Stockholm University, LL.M. (1999)
Memberships & professional appointments
Member of the Swedish Bar Association Member of the SCC Young Arbitrators Stockholm (YAS) Member of the Swedish Arbitration Association (SAA) Member of AIJA Member of the International Bar Association Member of the ICC Commission on Arbitration
Publications “Professional Secrecy of Lawyers in Sweden” with M. Sjöstrand in “Professional Secrecy of Lawyers in Europe”, compiled by the Brussels Bar, Cambridge, 2013 “Arbitration in Sweden: Features of the Stockholm Rules” with E. Storskrubb in G. Cordero-Moss (ed), “International Commercial Arbitration - Different Forms and their Features”, Cambridge University Press, 2013
Recent speaking engagements
Presentation, ”A Duty of Care without Borders? – Banking Litigation in Sweden”, Houthoff Buruma, Amsterdam, Holland, 23 April 2013 (speaker) Panel discussion, “Time Efficiency – the user's, arbitrator's and counsel's perspective”, ICC Young Arbitrators Forum event, Hamburg, Germany, 13 December 2012 (panelist) Panel discussion, “Teamwork in the law firm – partnering with your partners to achieve maximum results”, International Bar Association conference on Managing client relationships: a multigenerational approach, Munich, Germany, 21 June 2012 (panelist) Panel discussion, “Managing Domestic Legal Risks by International Dispute Resolution”, White Nights Legal Forum, St. Petersburg, Russia, 2 June 2012 (panelist)
Gisela Knuts
Partner
Office: Helsinki & Stockholm E-mail: [email protected] Tel. +358 20 506 6539 / +46 (0)8 553 191 20 Mobile: +358 40 769 8265 / +46 (0)76 128 90 99
Gisela Knuts is a Partner specialized in commercial dispute resolution. Gisela’s practice includes litigation, arbitration and alternative dispute resolution. She has been involved in disputes relating to, e.g. construction, energy, distribution, M&A and anti-trust damages. Gisela practices in both Finland and Sweden.
Gisela also frequently acts as arbitrator under a variety of arbitration rules as well as in ad hoc proceedings. In addition to an LL.M. degree, Gisela holds an LL.D. from the University of Helsinki and has been a visiting scholar at the University of Uppsala. She has also trained at the Bench.
Gisela is a board member of the Finland Chamber of Commerce Redemption Board and a member of the Executive Committee of the Swedish Arbitration Association. She frequently lectures on topics relating to dispute resolution at both universities and conferences. She also contributes on a regular basis to international publications with articles on international dispute resolution.
Practice areas Dispute Resolution
Languages Swedish, Finnish, English, German, Danish
Awards & rankings Gisela is recognized as one of the leading experts in dispute resolution in Finland by international legal directories such as Chambers Europe and Chambers Global. According to the clients, Gisela gives “valuable strategy advice” (The Legal 500, 2012).
Career Roschier (2000-), Partner since 2011 University of Uppsala, Visiting Scholar (2004) Law clerk, trained at the Bench (2000)
Education University of Helsinki, LL.D. (2006) University of Helsinki, LL.M. (1999) SAA Training Program for Arbitrators (2010-2011)
Memberships & professional appointments
Member of the Finnish Bar Association Member of AIJA Member of the Finnish Arbitration Association Member of the Swedish Arbitration Association Member of the ICC Commission on International Arbitration Member of the Young International Arbitration Group of the London Centre for International Arbitration (YIAG) Member of ASA below 40 Member of Arbitral Women Member of the Law Society of Finland
Finland Chamber of Commerce Redemption Board, Board Member (2013-) Åbo Akademi Foundation, Board member and Advisory board member (2012-) Swedish Arbitration Association, Executive committee member (2011-) National Board of Nordic Lawyers’ Conference, Board member (2008-), Secretary (2003-2008) AIJA, International Arbitration Commission, President (2006-2009), Vice president (2004-2006)
Publications “Jura Novit Curia and the Right to be Heard – an Analysis of Recent Case Law”, Arbitration International 2012
“Korvaus tarpeettoman turvaamistoimen aiheuttamasta vahingosta” (”Compensation for Damage due to Groundless Interim Relief”), Lakimies, 2011
”Skiljeförfarandeundantaget i Brysselförordningen – Quo vadis?” (“The Arbitration Exception in the Brussels Regulation – Quo vadis?”), Festskrift till Gustaf Möller, November 2011
”West Tankers – ett bakslag för internationellt skiljeförfarande in Europa” (”West Tankers – a Backlash for International Arbitration in Europe”), Tidskrift utgiven av Juridiska Föreningen i Finland 2010
“Asiakirjakategorian esittämispyyntö kansainvälisessä välimiesmenettelyssä International Bar Associationin Rules of Evidencen mukaan” (”Discovery in International Arbitration in Accordance with the Rules of Evidence of the International Bar Association”), in Risto Koulu (Ed.): Oikeudenkäyntejä ja tuomioistuimia: Juhlakirja Juha Lappalainen 60 vuotta, Helsinki 2007
”Förfarandegarantier vid domstolsanknuten medling” (“Procedural Guarantees in Court-annexed Mediation”), Doctoral Thesis, Suomalainen Lakimies-yhdistys 2006
”Tuomioistuinsovittelu – vaihtoehtoinen riidanratkaisu osaksi riidan-ratkaisun virallisjärjestelmää Suomessa?” (”Court-annexed Mediation – Alternative Dispute Resolution to be Integrated to the Public System in Finland?”), Defensor Legis 2003
Recent speaking engagements
Presentation “The impact of trade sanctions on international arbitration”, ICC YAF Event, Geneva, Switzerland, 11 January 2013 (Speaker)
Panel Discussion “Attorney-Client Privilege in the Digital Age”, American Bar Association’s Conference on the Resolution on CIS-related Business Disputes, Moscow, Russia, 21 September 2012 (Panelist)
Presentation “Turvaamistoimista” (Precautionary measures), Finnish Bar Association’s Seminar on Precautionary measures, Helsinki, Finland, 3 September 2012 (Speaker)
Seminar “Emergency Arbitration – a valuable addition to the tool box or just another marketing trick”, Annual General Meeting of Swedish Arbitration Association, Stockholm, Sweden, 29 May 2012 (Moderator)
Dr Torsten Lörcher
Partner
Torsten Lörcher has been a practising lawyer with the Cologne office of
CMS Hasche Sigle since October 1999. He became a partner in 2007.
Before joining CMS Hasche Sigle, he worked with Professor Böckstiegel
at Cologne University and wrote his doctoral thesis on international
dispute resolution. In 1999, he also worked in the arbitration department of
a leading international arbitration practice in Paris.
Torsten's practice is focused on acting as counsel and arbitrator in
international arbitration proceedings under various regimes including
arbitration under the ICC, DIS, SCC, Swiss, UNCITRAL and Vienna
Rules. He has acted as counsel in a large number of cases and his track
record as arbitrator comprises more than 40 appointments. His practice is
primarily focused on technology-related disputes, in particular industrial
plant engineering and construction, disputes in the field of renewable
energy as well as commercial and post-M&A disputes.
Torsten is the head of the CMS International Arbitration Group and of the
CMS Dispute Resolution Practice Group. He has published extensively on
international arbitration and is regularly named in the legal directories as
one of the leading German practitioners in the field of international
arbitration. He was voted by his peers onto the 2006 Global Arbitration
Review “45 under 45” leading lights of international arbitration.
Torsten was co-chair of the Young International Arbitration Group of the
LCIA (LCIA YIAG) from 2001 until 2005, and founding co-chair of the
DIS below 40 group from 2002 until 2007. He is a member of inter alia
the IBA, LCIA, ASA and DIS.
�
Contact:
CMS Hasche Sigle
Kranhaus 1
Im Zollhafen 18
50678 Cologne, Germany
T +49 (0)221 7716 200
F +49 (0)221 7716 328
Gerard Meijer Partner
T. +31 (0)10 22 40 245 M. +31 (0)6 20 210 538 E. [email protected] Gerard J. Meijer (Prof. Dr.) specialises in both arbitration and litigation. Gerard acts as counsel to Dutch, foreign, and multi-national corporations, as well as to governmental bodies, in high value matters in a variety of disputes. In addition, Gerard is involved in high profile arbitration associated court litigation, such as the enforcement of arbitral awards, the setting aside of arbitral awards, and interim measures in support of arbitral proceedings. Gerard also frequently sits as arbitrator. Matters that Gerard handled include the successful representation of the largest insurance company in the Netherlands in its multi-billion euro investment treaty claim against the Republic of Poland regarding the company's investment in the largest insurance company in Poland, as well as in the setting aside proceedings that were initiated by the Republic of Poland after the First Partial Award in those proceedings had been rendered; the representation of a UK defence company in multiple court actions regarding the setting aside of arbitral awards between the UK company and the Republic of Iran; and the request for the enforcement of Russian arbitral awards in the Netherlands, notwithstanding the setting aside of these arbitral awards by the Russian state court. Gerard recently represented an investment vehicle company in the energy sector incorporated under the laws of Ghana, held ultimately by a US investment company, in arbitration proceedings on the basis of the UNCITRAL Arbitration Rules at the Permanent Court of Arbitration in The Hague. He is currently involved as Dutch counsel in a multi-billion euro investment dispute between an investor and a State, mainly exploring the availability of interim measures on behalf of the investor. Gerard graduated from Erasmus University in Rotterdam in 1990. He was admitted to the Amsterdam Bar in 2000 and joined NautaDutilh laterally as a partner, heading the Arbitration Practice, on 1 September 2006. He obtained his PhD degree in 2008. Gerard is also Professor of Arbitration & Dispute Resolution at the Erasmus University in Rotterdam and secretary general at P.R.I.M.E. Finance, the newly founded global arbitration institute for the financial markets, and he is a member of the Advisory Board of the Netherlands Arbitration Institute and of the Arbitration Commission of the International Chamber of Commerce (ICC). Gerard was individually ranked in Chambers and Partners’ Global Guide, editions 2004-2013.
Hannu Parkkola
Legal counsel, Konecranes
Aapo Saarikivi Senior associate
Office: Helsinki E-mail: [email protected] Tel. +358 20 506 6577 Mobile: +358 400 377 093
Aapo Saarikivi is a Helsinki-based Senior associate specialized in commercial dispute resolution.
Aapo Saarikivi has broad experience of domestic and international arbitrations under the ICC, UNCITRAL, SCC and FCC (Finland Chamber of Commerce) rules as well as ad hoc proceedings in a variety of disputes ranging from turn-key industrial projects, cross-border electricity trade and R&D projects to international trade and transport as well as agency and distribution. He is also active in commercial litigation.
Aapo is the secretary of Young Arbitration Club Finland and lectures on arbitration and international trade law at the University of Helsinki.
Practice areas
Dispute Resolution
Languages Finnish, English, Swedish, French
Career Roschier (2007-) Bredin Prat /Paris, Visiting lawyer (2012)
Education University of Helsinki, LL.M. (2007)
Memberships & professional appointments
Young Arbitration Club Finland, Secretary and Board Member (2012-) Member of the Finnish Bar Association Member of the Finnish Arbitration Association Member of the Swedish Arbitration Association (SAA) Member of the SCC Young Arbitrators Stockholm (YAS) Member of the Young International Arbitration Group of the London Centre for International Arbitration (YIAG)
Awards & rankings Aapo is recognized as an expert individual for dispute resolution in Finland by Chambers Global and Chambers Europe.
Publications Lex Causæ in International Arbitration. Determination and Application in Finland, COMI, 2008, 161 p.
Recent speaking engagements
“The Arbitrators” – Lecture course at the University of Helsinki, May 2013. International Trade and Transport – Lecture course at the University of Helsinki, 2009-2012.
www.control-risks.com
Tim Stanley Market Director, Russia & CIS
Tim Stanley is the Market Director for Russia/CIS, based in Control Risks’ Moscow office, responsible for the leadership and strategic management of all Control Risks’ activities in the region. Tim first worked at Control Risks between 2004 and 2008, initially in New York where he worked in business development and project management, and latterly running the London-based team of corporate investigators working in Russia and across the region. Some of Tim’s recent projects include:
- Multi-jurisdictional $200m fraud investigation for a major European investment bank - Assisting and advising a leading international law firm with its on-boarding procedures
for clients from Russia and the CIS - Creating and presenting a series of political risk workshops for the World Bank - FCPA-focused due diligence for a global IT consulting firm on a potential acquisition
target in southern Russia Before assuming his current role, Tim lead the Moscow-based Corporate Intelligence team for a ‘Big Four’ firm, responsible for due diligence, fraud investigations, and compliance programmes for foreign and local investors in Russia, Ukraine, Kazakhstan and across the CIS. While there he supervised the development and launch of a new technology-based fraud investigation tool. He then moved to St Petersburg where his practical understanding of regional business issues was enhanced when he set up and launched an online destination portal for the city. He started his career with security printer De La Rue, joining on the graduate business trainee scheme and leaving as regional sales manager with responsibility for sales of banknotes and passports to governments across the Caribbean and Latin America, based in Jamaica. Tim holds a degree in Modern Languages and Literature (Russian/Spanish) from University College, Oxford; an MBA from the McDonough School of Business at Georgetown University, Washington D.C.; and a Certificate in International Business Diplomacy from Georgetown’s School of Foreign Service. He is an experienced election observer for the EU and OSCE, having participated in missions in Mozambique, the Kyrgyz Republic, and Georgia. Tim speaks good Russian and Spanish, and some French and Portuguese.
Eva Storskrubb Senior associate
Office: Stockholm E-mail: [email protected] Tel. +46 8 553 191 61 Mobile: +46 70 248 87 41
Eva Storskrubb is a Stockholm-based Senior associate specialized in dispute resolution. Eva has extensive experience from international arbitration proceedings – both ad hoc and institutional – and in particular complex cross-border arbitration as well as litigation in national courts. In addition, Eva is an internationally recognized specialist in EU procedural law who holds an LL.L degree from the University of Helsinki and a J.D. from the European University Institute in Florence. She lectures and publishes regularly in the field. Eva acts as deputy member of the Law Society of Finland and as member of the ICC YAF Regional Coordinating Committee for Europe.
Practice areas Dispute Resolution, EU & Competition
Languages Swedish, English, Finnish, French
Career Roschier (2011-) Dittmar & Indrenius, Helsinki, Senior Attorney (2006-2011) European University Institute, Florence, Doctorate researcher (2003-2006) The European Commission, Trainee (2005-2006) Ross & Co Solicitors, London, Associate (2001-2003) The European Court of Justice, Trainee (2001) University of Helsinki, Research assistant (2000)
Education European University Institute, Florence, LL.D. (2006) University of Helsinki, LL.Lic. (2005) University of Helsinki, LL.M. (2000) Finnish Bar Association Training Program for Mediators (2010)
Memberships & professional appointments
Member of the Finnish Bar Association Member of the Swedish Bar Association (EU attorney) Member of the Finnish Arbitration Association Member of the Swedish Arbitration Association Member of Young Arbitrators Stockholm (YAS) Member of Young Arbitrators Forum (YAF) Member of ICDR Young & International Member of the Law Society of Finland ICC Arbitration Commission (2013-) ICC Young Arbitrators Forum, Member of the Coordinating Committee for Europe (2011-) Law Society of Finland, Deputy member of the Board (2009-) Finnish Bar Association, Member of the working group on the reform of the
bar exam (2009-2010)
Selected publications
“UNCITRAL Model Law on International Commercial Arbitration 1985”, with C. Cederberg in N. Beale et. al. (eds), Dispute resolution clauses in international contracts – A global guide, Schulthess, 2013 “Ordre Public in EU Civil Justice - Lessons from Arbitration?”, Festskrift till Gustaf Möller, JFT 4-5/2011 “Civil Justice – A Newcomer and an Unstoppable Wave” in P. Craig & G. De Búrca (eds), The Evolution of European Law, 2nd edition, Oxford University Press, 2011 “News regarding the Brussels I Regulation” (Swe), with G. Knuts, Juristklubben Codex 70 år Festskrift, Edita, 2010 “What Changes will European Harmonisation Bring?” in J. Walker & O. Chase (eds), Common Law, Civil Law and the Future of Categories, Lexis Nexis, 2010 Civil Procedure and EU Law – A Policy Area Uncovered, Oxford University Press, 2008 “Access to Justice in European Comparative Law” with J. Ziller in F. Francioni (ed), Access to Justice as a Human Right, Oxford University Press, 2007
Recent speaking engagements
“Arbitrability in Practice – Three Decisions in which Arbitrability Really Mattered”, International Association of Young Lawyers (AIJA), Basel, 2013 “Ordre public och det europeiska civilrättsliga samarbetet - utgör reformen av Bryssel I-förordningen ett steg i rätt riktning?”, Uppsala University, 2013 ”EU – rättighetsskyddare eller främjare av den inre marknaden?”, Codex, Hel-sinki, 2012 “The Legal Authority for Collective Redress”, American Bar Association, Brussels, 2012 “Applicable Law in International Arbitration”, University of Helsinki, 2012 “Processa EU-rätt i allmän domstol – relationen mellan EU-, konkurrens-, ska-destånds- och processrätt”, Svensk Juriststämma, Stockholm, 2012 ”The Experience of Sweden in relation to the UNCITRAL Model Law”, Riga Graduate School of Law, 2012
Petri Taivalkoski Partner
Office: Helsinki E-mail: [email protected] Tel. +358 20 506 6237 Mobile: +358 40 769 8237
Petri Taivalkoski heads Roschier’s Dispute Resolution practice in Finland. His practice includes litigation, arbitration and alternative dispute resolution. He has extensive experience of disputes relating to, e.g. energy, product liability, construction projects, joint ventures and shareholders’ agreements, agency and distribution relationships and competition law. Separate areas of focus of his practice are securities market and company law, as well as white collar crime. Petri also represents multinational companies, Boards of Directors and individuals involved in criminal or regulatory investigations, with an emphasis on commercial compliance and securities fraud.
Petri also frequently acts as arbitrator under a variety of arbitration rules as well as in ad hoc arbitration proceedings.
Petri is a member of the board of the Finland Chamber of Commerce Arbitration Institute. He frequently lectures on topics relating to dispute resolution at both universities and conferences.
Practice areas Dispute Resolution, Corporate Advisory, Green Economy & Energy
Languages Finnish, Swedish, English, French, German
Awards & rankings Petri is ranked Band 1 in dispute resolution by e.g. Chambers Europe and Chambers Global. He is also recognized as a leading expert in his field by other international legal directories such as The Legal 500 and Who’s Who Legal. He has been described by clients as “one of the top three litigators in Finland” (Chambers Europe 2012).
Career Roschier (1991-), Partner since 2000 Brunswick, Hegoburu & Associés /Paris, Trainee (1991) Interbank Ltd /Helsinki, In-house Counsel (1990)
Education Université Panthéon-Assas Paris II, DEA (1996) University of Helsinki, LL.M. (1990)
Memberships & professional appointments
Member of the Board of the Finland Chamber of Commerce Member of the Finnish Arbitration Association Ethics Committee of the Finnish Bar Association, Member (2010-) Mediation Board of the Finnish Bar Association, Chairman (2007-) Commission on Arbitration of the ICC, Member (2004-) Guild of Law and Ethics of Advocates, Secretary (2001-) AIJA Civil Litigation Commission, President (2000-2005)
Publications “Uudistetut UNCITRALin välimiesmenettelysäännöt” (“Revised UNCITRAL
Arbitration Rules”) with P. Airas, Defensor Legis 4/2011
“La jurisprudence finlandaise retient une conception large de l’arbitrabilité en droit des sociétés, note sous Cour supreme finlandaise” (“Commentary of the Finnish Supreme Court decision 14 May 2003 regarding arbitrability”), in Revue de l’arbitrage, 2003 II
“Riidanratkaisulausekkeista kansainvälisissä sopimuksissa” (“Dispute resolution clauses in international agreements”), Defensor Legis 4/2001
“Inlösen av minoritetsaktier i ett börsbolag enligt den finska aktiebolagslagen” (”Redemption of minority shares in a listed company according to the Finnish Companies Act”), Nordisk tidskrift for selskabsret, 2000:3/4
“Asianajajan eettiset säännöt ja sovintomenettely” (“Code of ethics of the legal profession and mediation”), with C. Wallgren, Defensor Legis 4/2000
“Osakeyhtiölain mukaisesta vähemmistöosakkeiden lunastuksesta pörssiyhtiössä” (“Redemption of minority shares in a listed company according to the Companies Act”), Defensor Legis 6/1998
“Sovellettavasta laista kansainvälisessä välimiesmenettelyssä” (“The applicable law in international arbitration”), Defensor Legis 2/1998
“Le nouveau droit finlandais de l’arbitrage international” (“International arbitration according to the new Finnish Arbitration Act”), in “Recherche sur l’arbitrage en droit international et comparé", L.G.D.J., Paris, 1997
Biography
Julia Zagonek Partner, Moscow/London
T +7 495 645 4931
F +7 495 787 3001
Bars and Courts
Law Society of England and Wales
Solicitor-Advocate (Higher Rights of
Audience)
Education
PGDL, LPC, College of Law, London,
United Kingdom
BA (Hons), Courtauld Institute of Art,
London, United Kingdom
Languages
English
Russian
French
Citizenship
British Russian Federation
Practice Experience
Julia Zagonek is an English solicitor-advocate, who specializes in international arbitration
and advises on contentious matters. Julia has had experience in several aspects of
commercial litigation and international arbitration. She has worked for a broad spectrum of
international clients, both high-net worth individuals and multinational corporate entities.
Advising on a wide range of jurisdictional and conflict of law issues Julia has had
experience of investment as well as commercial arbitrations conducted in accordance with
the rules of LCIA, VIAC, ICC, AAA, SCC, UNCITRAL and ad hoc arbitrations.
Julia's recent and ongoing matters include:
Representing a Russian state-owned company in SCC and VIAC proceedings in two
construction disputes arising out of contracts for supply of building modules;
Representing Russian telecommunications company MTS in ICC arbitrations against
state entities and the state of Turkmenistan in connection with breaches of contractual
obligations;
Representing MTS, a major Russian telecommunications company, in ICSID
(Additional Facility) arbitration against an ex-soviet state;
Advising a bank on breaches of financial obligations by its customer, including interim
measures and enforcement of foreign judgments;
Representing an investor into an Eastern European country in an arbitration under the
Energy Charter Treaty;
Representing a successful Claimant in an ICC arbitration against a sovereign state,
including defending a challenge of the arbitral award on jurisdiction in the English
Court (Republic of Serbia v ImageSat International NV [2009] EWHC 2853 (Comm);
Representing an international company-provider of high-resolution satellite earth-
imagery in ICC arbitration concerning alleged breaches of contractual obligations.
Advising a high-net worth individual in a dispute involving a major insurance company,
including obtaining interim orders in other jurisdictions in support of arbitral
proceedings;
Acting for the respondents in a high-value shareholders dispute conducted under the
rules of the LCIA concerning a major Russian company;
Advising the respondents in an LCIA arbitration brought by a financial institution in
connection with an aborted syndicated facility;
Representing a bank in a dispute conducted under the ICC rules in connection with
demand guarantees governed by the URDG;
Advising a high net worth individual in a complex commercial dispute involving breach
of contract and issues of unjust enrichment, construction of agreements and the
principles of quantum meruit; misrepresentation and unfair prejudice;
Advised in relation to a dispute concerning unlawful expropriation of confidential
information;
Advising on the choice of dispute resolution clauses;
Advising on enforcement of arbitral awards and interim measures in support of
arbitration proceedings.
Publications
Julia has contributed to several articles on international arbitration and litigation, including:
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“Optional Arbitration clauses”, Legal Insight Magazine, January 2013; “Cases involving Russian parties in English courts”, ILQ publication, November 2012; “Dispute Resolution in the LCIA” Legal Insight Magazine, November 2012; “English court considers public law aspects of enforcing arbitral awards”, W&C
insight: Commercial Litigation, July 2012; “In the Russian legal system, confidence in commercial courts on the rise”, Modern
Russia, January 2011; “International arbitration. Streamlining, while competition heats up”, PLC Magazine,
April 2011; "Top Russian judge defends role of courts in arbitration", Global Arbitration Review,
December 2010; "Russians to London", The Legal Week, 30 September 2010 "Russia introduces new mediation laws - changes due from January 2011 will ease an
accumulation of court cases", The Resolver, November 2010; “Enforcing Ukrainian monetary judgments in England”, The Ukrainian Journal of
Business Law, June 2008; “Why Russian disputes are resolved outside Russia?” Russian Investment Review,
September 2007; Observations on the decision by the Court of Appeal in Svenska Petroleum
Exploration AB v. Government of the Republic of Lithuania and AB Geonafta, B6/2005/2737, Stockholm, International Arbitration Review, Volume 2007:1;
The Russian Federation chapter of C. Liebscher & A. Fremuth-Wolf (eds.), Arbitration Law and Practice in Central and Eastern Europe, Juris Publishing, June 2006.
Recent speaking engagements:
Vienna International Arbitral Centre (VIAC) Julia spoke on the subject of “Arbitrability and public policy – how to reach harmonization?”, March 2013, Moscow;
“2012 International Arbitration Survey discussion” - survey conducted by the School of International Arbitration at Queen Mary University of London - Julia acted as moderator of the discussion, February 2013, Moscow;
Russian Law Week seminar hosted by ARLA, The General Council of the Bar, BRLA and The Law Society - "Arbitrating commercial disputes in Russia", November 2012, London;
“2012 International Arbitration Survey” launch event, November 2012, Stockholm; “The 4th Annual ABA Conference on the Resolution of CIS-Related Business
Disputes” – “Calculating Damages in the CIS”, September 2012, Moscow; “Unlocking disputes in London: world’s leading dispute resolution centre” seminar at
the British Embassy in Moscow “International Arbitration”, July 2012, Moscow; “The White Nights Legal Forum” – Julia acted as moderator of the session “Managing
Domestic Legal Risks by International Dispute Resolution”, June 2012, Saint-Petersburg;
“The 2nd Russia and CIS Private Client Forum”, March 2012, Zurich; Emerging Markets Seminar “Dispute resolution issues when investing in emerging
markets”, September 2011, London;
Julia regularly carries out education seminars – MGUA (Moscow State Law Academy),
MGIMO (Moscow State University of International Relations), Higher School of Economics
and regular client seminars/trainings.
Professional Associations
Chartered Institute of Arbitrators (CIArb) (member and sub-committee member) Advisory Committee of the Anglo-Russian Law Association (ARLA) LCIA ICC Russia (member of the working group) Swiss Arbitration Association (ASA) Russia and CIS Arbitration Network (RCAN) Working group City UK – creation of MFC (working group involved in Moscow
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Financial Centre) Julia is the co-founder and a Director of a networking organisation in London (of over 2,000 members) for Russian-speaking professionals called "Russians in the City", working in the financial, commercial and legal sectors in London.
Previous Roschier Arbitration Forums
The Roschier Arbitration Forum is held for the 5th consecutive year 2013, this year relating to the topic of: Arbitration – the preferred method of international dispute resolution?
Previous Roschier Arbitration Forums have been:
Roschier Arbitration Forum 2009: Costs in International Arbitration
Roschier Arbitration Forum 2010: Komplexa skiljeförfaranden (“Complex Arbitrations”)
Roschier Arbitration Forum 2011: Arbitration Strategy
Roschier Arbitration Forum 2012: Arbitration Trends
If you should have any enquiries regarding previous Roschier Arbitration Forums or any other related matters, do not hesitate to contact:
Henrik Fieber | Stockholm | [email protected]
Gisela Knuts |Helsinki | [email protected]
Petri Taivalkoski | Helsinki | [email protected]
Roschier | Helsinki
+358 20 506 6000 | office +358 20 506 6100 | fax
Roschier | Vaasa
+358 20 506 6010 | office +358 20 506 6011 | fax
Roschier | Stockholm
+46 8 553 190 00 | office +46 8 553 190 01 | fax
More information about us at www.roschier.com
