IIEL
 Swiss US

 

The International Law Institute is eager to announce Georgetown University Law Center's Institute of International Economic Law [IIEL] Colloquium:

SUBJECT: Procedural Tools in Aid of Arbitration: Swiss/USA Perspectives.


ISSUES:

     [i]    Attachment of assets [in Switzerland; and as compared with US]
     [ii]   Judicial assistance in aid of an arbitration proceeding abroad [“Swiss Section 1782”]
     [iii]  Enforcement of arbitral awards [in Switzerland; and as compared with laws of the US] 
  


DATE:           Monday 19 March 
TIME:           12:00 PM - 2:00 PM
LOCATION:   600 New Jersey Ave., N.W., Washington
                     Eric E. Hotung International Law Building
                     Hotung Faculty Dining Room - - 2ND Floor 

FORUM MODERATOR:

ANNE-MARIE WHITESELL


Anne Marie Whitesell is Professor, LL.M. Program and Faculty Director, Program on International Arbitration and Dispute Resolution at Georgetown University Law Center in Washington D.C.  Prior to joining Georgetown, she practiced with the law firm Dechert LLP in Washington and Paris. Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. She also previously taught at the Université de Paris I, the Institut de Droit Comparé and Georgetown. Ms. Whitesell has practised with law firms in both the United States and in France, and has acted as arbitrator and counsel in numerous international arbitration cases. She serves as a member of various boards and committees related to dispute resolution and is the Director of the Alternative Dispute Resolution Center of the International Law Institute. Ms. Whitesell received her A.B. from Smith College, her J.D. from the University of Virginia School of Law and her Doctorate in Law from the Université de Paris I, Panthéon-Sorbonne. She is admitted to the New York State Bar, the District of Columbia   Bar and the US District Courts for the Southern and Eastern Districts of New York.


FEATURED SPEAKERS:

DR. FRANZ X. STIRNIMANN FUENTES     [Froriep Law] 


Franz has up to 20 years' experience in international dispute resolution and Swiss commercial and white collar criminal law.  

He has acted as counsel and arbitrator (also presiding arbitrator) in some 60 international arbitrations (both commercial and investor-State) and up to 50 court proceedings in Switzerland and other countries. He also has an active white-collar criminal law practice and regularly advises on cross-border transactions subject to Swiss law as well as in Swiss labor and employment matters.

Franz is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a ranked individual in leading legal directories:

Chambers Global 2018: "Franz Stirnimann has a wealth of experience in arbitration matters, including disputes stemming from construction and supply agreements, real estate issues and partnership rights. He also assists with investor-state arbitration. Clients highlight 'his deep understanding of arbitration' and the fact that he is 'brilliant and thorough in his analysis'."

Chambers Europe 2018: "Franz Stirnimann focuses on arbitration and litigation. He advises on commercial and investor-state disputes and is experienced in the construction, energy, pharmaceuticals, automotive and financial services sectors. One source states: 'He can spot issues quickly and rightly gives a lot of confidence'."

Who's Who Legal International 2018: "Franz Stirnimann is a clear leader in the field and has acted as counsel and arbitrator in disputes involving a range of industry sectors, including energy, construction and finance."

Who's Who Legal Switzerland 2018: "Franz Stirnimann Fuentes stands out as 'one of the best names in the Swiss arbitration market' where he is recognized for the 'impressive quality of his work', most notably in relation to cases involving Latin American parties'."

Franz is both civil and common law trained and admitted to practise in Geneva,  England & Wales, and New York. He holds a Doctor of Laws from the University of Zurich (Dr. iur., summa cum laude, Professor Walther Hug Prize, 2003); a Master of Laws from Georgetown University (LL.M., with distinction, Professor Heinrich Kronstein Scholar and Fellow of the Swiss National Science Foundation, 2001); and a License in Law from the University of Fribourg and Durham University in the UK (lic. iur., Erasmus Scholar, 1996). He is also an Alumnus of the International Leadership Program of Georgetown University Edmund A. Walsh School of Foreign Service (class of 2003), and has been a lecturer at University of Lucerne, Universidad del Pacífico in Peru, and Universade Federal de Santa Catarina in Brazil, amongst others.

Franz regularly publishes and gives panel presentations in his fields of work. He is listed on the panels of arbitrators of a number of arbitral institutions (ICC, SCAI, LCIA, WIPO, CIMA, AIAC, CAIC, CCL, CEAR-CBHE, etc.) and is a member of numerous professional associations (CIArb, ASA, CEA, LCIA, IAI, ALARB, OdAGE, SAV/FSA, NYBA, ABA, Law Society of England & Wales, etc.) as well as of a number of boards of academic institutions and law journals in Switzerland; Peru and the USA.


PROFESSOR DAVID STEWART      [Georgetown University Law Center] 


Professor Stewart joined the faculty following his retirement from the U. S. Department of State, where he served as Assistant Legal Adviser for Private International Law.  Previously he had been Assistant Legal Adviser for Diplomatic Law and Litigation, for African Affairs, for Human Rights and Refugees, for Law Enforcement and Intelligence, and for International Claims and Investment Disputes, as well as Special Assistant to the Legal Adviser. Before joining the government, he was in private practice with Donovan Leisure Newton & Irvine in commercial and antitrust litigation. He was Adjunct Professor for over 25 years and received Georgetown's Charles Fahy award for distinguished adjunct faculty teaching in 2003-2004.

Prof. Stewart is President of the American Branch of the International Law Association and a member of the Board of Editors of the American Journal of International Law as well as the Secretary of State's Advisory Committee on Private International Law. The American Law Institute selected him to serve as one of the Reporters working on the Restatement (Fourth), Foreign Relations Law of the United States. He previously served on the Executive Council of the ABA's Section of International Law and the Executive Council of the American Society of International Law. From 2008-2016 he was a member of the Inter-American Juridical Committee, which advises the Organization of American States on juridical matters of an international nature and promotes the progressive development and codification of international law.

Professor Stewart co-directs the Global Law Scholars Program, directs the Center on Transnational Business and the Law, and teaches courses in public and private international law, foreign relations law, international immunities, international criminal law and civil litigation. He co-edited the multi-volume Digest of U.S. Practice in International Law for the years 1990-2003, and authored The Foreign Sovereign Immunization Act: A Guide for Judges (2013) as well as the Nutshell on International Criminal Law (2014). With Professors Luban and O'Sullivan, he co-authored International and Transnational Criminal Law (Aspen 2nd ed., 2014), and is a co-author of the Nutshell on International Human Rights (5th ed.) in 2017. He served to Major, U.S. Army Reserves in military intelligence. 

DMITRY A. PENTSOV    [Froriep Law] 


Dmitry’s specialisms include banking and finance, international arbitration (with a particular focus on Russia and other republics of the former USSR), corporate and commercial (especially international joint ventures and cross-border transactions governed by Swiss law) and international private client law (wealth transfer and structuring, including trusts, acquisition of aircraft and real estate and relocation to Switzerland).

He has been an associate in our Geneva office since 2006 and became a Partner in 2016. He has extensive legal experience in Russia and other republics of the former Soviet Union. He has represented foreign investors in joint-venture projects with local companies (banking, oil, gas and other natural resources, transportation, real estate, telecoms), as well as domestic and foreign purchasers, sellers and brokers in connection with the purchase and sale of securities, custodial relationships, creation of investment funds and institutions, and brokerage contracts.  He acted as a counsel in international arbitration (ICC, Swiss Rules, VIAC, amongst others) in various disputes, arising out of the international sale of goods, joint venture agreements as well as distribution agreements. He also acted as counsel in the CAS arbitration.

Prior to joining Froriep, Dmitry has worked as legal counsel for one of the largest Russian natural resource companies, as legal counsel for a major New York-based commodities trading company, as an associate at the Moscow office of a leading US law firm, and as a legal officer at the International Labour Standards Department of the International Labour Office, a U.N. specialized agency. While working at the ILO, Dmitry dealt with the application of the international labour standards and national legislation on seafarers, fishers and working time

Chambers Global (2014, 2015 and 2016) ranked him as leader in the fields of Banking & Finance Russia and Switzerland.

He has a law degree from St Petersburg State University (1993), where he also gained a Candidate of Legal Sciences degree in 2000. In 1995 he obtained an LLM from Georgetown University Law Center (Edmund S. Muskie Fellowship, awarded by the United States Information Agency) and a Bachelor of Laws (2006) and Master of Laws (2008) from the University of Geneva. Dmitry is admitted to the Bar in the State of New York (2001), in the Russian Federation (St. Petersburg City Bar Association) (2001) and in Switzerland (2013) (ranked 2nd at the Geneva Bar Exam).

He has published two books and more than fifty articles on various aspects of international arbitration, trusts, international financial markets and bankruptcy, commercial and international employment law.  Dimitry is a member of the Geneva Bar Association, of the New York State Bar Association and the St Petersburg City Bar Association .


GAELA GEHRING FLORES       [Arnold & Porter Kaye Scholer LLP]


Gaela Gehring Flores concentrates her practice on international arbitration and litigation matters. She represents both multinational corporations and sovereign states in International commercial and investment arbitrations before the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) International Court of Arbitration, the International Centre for Dispute Resolution (ICDR/AAA), and in litigation and appellate proceedings before US federal courts. She advises clients in a broad range of disputes, including energy, natural resources, construction, hospitality, transportation, sovereign debt instruments, government contracts, and intellectual property. Ms. Gehring   Flores also provides legal services to private sector and sovereign clients on enforcement of arbitral awards, effective contractual dispute resolution clauses, and a variety of public international law issues, including foreign sovereign immunity and discovery in international proceedings. Ms. Gehring Flores' practice capitalizes on her broad experience and her native   Spanish skills and bicultural background.

Ms. Gehring Flores serves as Co-Chair of the District of Columbia Bar International Dispute Resolution Committee, and has been recognized as one of the American Lawyer's "Top 45 under 45" Top Women Lawyers in the Am Law 200, a leading practitioner of international arbitration in publications such as Chambers USA, Chambers Global, Chambers Latin America, The Legal 500, Global Arbitration Review, Latin Lawyer 250, and Euromoney, among others.

 

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