Most Highly Regarded Firms: Arbitration 2009

• November 2009

• Arbitration

This edition of The International Who’s Who of Commercial Arbitration identifies more experts in the field than ever before. This year we have selected 535 individuals from 66 countries, underlining the ever-increasing depth and geographical breadth of expertise in this sector.

INTERNATIONAL FIRMS

As in previous editions, one firm stands apart at the top of the worldwide rankings. Freshfields Bruckhaus Deringer LLP sees 17 of its lawyers featured from eight offices, a notable increase of four from the last edition. Jan Paulsson is “everything you look for in an arbitrator or counsel”. Co-head of the firm’s practice, he is president of the London Court of International Arbitration and divides his time between Miami, Bahrain and Paris. Peter Turner is of the “very highest calibre” and Georgios Petrochilos once again stood out for his ICC work. The “excellent” Elie Kleiman is a new addition, as are Noah Rubins and John Gaffney. Overall, Freshfields is regarded as “phenomenally strong in Paris”. Reza Mohtashami is currently seconded to the Dubai office, where he leads the Middle East international arbitration practice and is joined by another new entrant on our list, Joseph Huse. Two further partners are listed in London: Nigel Rawding and Constantine Partasides both scoring highly. In Europe, Günther Horvath is one of the leaders in the Austrian research, and Rolf Trittmann holds a similarly elevated position in Germany. The firm appears in the Hong Kong list for the first time courtesy of the “impressive” Peter Yuen. Nigel Blackaby, once again, performs well in the US research and is recognised as one of the industry’s leading experts on Latin America. Three further nominees appear in New York. Lucy Reed was described to researchers as “the queen of arbitration in the United States”, and she is listed alongside Brian King and Alexander Yanos.

White & Case has 11 nominees in this year’s edition. Five hail from the firm’s US offices, with sources seeing Paul Friedland’s inclusion among the best in New York as a “no-brainer”. In DC, Abby Cohen Smutny is very highly regarded, and Carolyn Lamm is “justly revered by clients and peers alike”. Jonathan Hamilton and Andrea Menaker, former chief of the NAFTA arbitration division for the US State Department, are also selected. Based in London, the “fantastic” Phillip Capper and John Bellhouse appear in our list, the latter is viewed as “one of the best around for construction disputes”. Similarly, Christopher Seppälä is viewed as “the dean of the international arbitration construction bar in Paris” alongside the equally well-known Michael Polkinghorne. Patricia Nacimiento is recognised for her ICSID expertise, and Claes Zettermarck is “the big star in Sweden”.

Herbert Smith LLP is another firm with 11 representatives in the following pages, with lawyers in its European and Asian offices performing particularly well. The “spectacular” Charles Kaplan in Paris is the firm’s most highly nominated individual, and he is joined by Jennifer Kirby, former deputy secretary general of the ICC, and new entrant Michael Young. David Brynmor Thomas is one of a strongly recommended trio from London, alongside Paula Hodges and Matthew Weiniger. In Asia, Graeme Johnston in China is “fabulous” and gives the firm a valuable local presence, as does Alastair Henderson in Bangkok. Herbert Smith’s Tokyo office is also well represented, with Dominic Roughton and the “very smart” Peter Godwin listed. In Dubai, Craig Shepherd is widely regarded as an expert.

Other international firms are also well placed in our research. Shearman & Sterling LLP’s eight strong contingent is based on an “exceptionally impressive” Paris office. Five partners make the grade, led by the “brilliant” Emmanuel Gaillard. Respondents singled out Yas Banifatemi for praise, as well as Philippe Pinsolle and Latin America authority Fernando Mantilla-Serrano, whose work was described to one researcher as “perfect”. Todd Wetmore’s “fine reputation” secures him a first listing this year. “You can’t go wrong with” Richard Kreindler in Frankfurt, and John Savage in DC is “not only an excellent advocate but also a good strategic thinker with commercial sense and an eye on the big picture”. Yu-Jin Tay is the firm’s second new entry into this year’s book. Clients are impressed: “His persuasive advocacy on critical legal points that the arbitration depended on made a real difference to the result.”

Seven Allen & Overy LLP lawyers appear from five countries. Sources were “tremendously impressed by” Judith Gill QC, and the advocacy skills of Stephen Jagusch, her colleague in the London office, were repeatedly commended. Senior associate Anthony Sinclair is once again recognised as one of the leading practitioners in England, while in Germany Jan Schaefer is known for his experience under ICC, DIS and ICSID rules. The highly rated Benno Kimmelman gives A&O a presence on the US list, and the firm is also strong in Asia. Peter Thorp is the managing partner of the Beijing office, and Matthew Gearing is viewed as a “superstar” in Hong Kong.

Debevoise & Plimpton LLP increases its presence in this edition, moving up to seven nominees. David W Rivkin is a “guru” and is one of the most highly regarded individuals in the research overall. He appears alongside the “eminent” Donald Donovan and Mark Friedman, who was formerly based in London. Debevoise’s UK office is well represented: Peter Rees QC is joined in this edition for the first time by Sophie Lamb – a “rising star” – and the “brilliant” and hugely well-known former attorney-general Lord Goldsmith QC. Michael Ostrove appears from the Paris office, where he is considered to be “first class”.

Fulbright & Jaworski LLP builds significantly on its presence in previous editions, its past contingent of two leaping to seven this year. Mark Baker appears once again as one of the leading experts in Texas, and the “up and coming” Anibal Martin Sabater and Kevin O’Gorman now join him. The firm scored a notable lateral hire when Philip Punwar joined in Dubai from Al Tamimi & Company, where Jonathan Sutcliffe who moved from London, is also listed. Richard Hill is selected once more in Singapore, and David Howell co-heads the international arbitration and ADR practice group from London.

Skadden Arps Slate Meagher & Flom LLP is another firm to increase its presence, from four last year to six in this edition. The “outstanding” trio from the New York office comprises Dana Freyer, Barry Garfinkel and John Gardiner, who was also well regarded for his litigation practice. The “tremendously impressive” Karyl Nairn is selected again in London, joined for the first time by David Kavanagh. Paul Mitchard QC has made a “big impact on the Hong Kong scene” after his move from London.

Clifford Chance LLP earns five inclusions from four countries. Audley Sheppard is “one of the foremost arbitration practitioners in London”. His colleague Rob Lambert is selected for the first time, as is the “well respected” Graham Lovett in Dubai. Fabian von Schlabrendorff “continues to excel” in Germany, and Ivan Marisin from Moscow is also highly sought after.

TRANSATLANTIC PRESENCE

Several firms have top ranked practitioners in both the US and in Europe. King & Spalding LLP has seven nominees in the US – more than any other firm. The Houston office is home to five, including the “fantastic” Doak Bishop and similarly revered John Bowman. Margrete Stevens is selected as one of the top practitioners in DC, while the firm’s high profile also extends to Paris where Eric Schwartz “stands out”.

Three other firms have five lawyers split between the US and European lists. Hughes Hubbard & Reed LLP’s well-regarded group includes the “formidable” John Townsend, who serves as chairman of the board of directors of the American Arbitration Association. Steven Hammond and John Fellas are selected in New York, while José Rosell and Axel Baum remain among the top practitioners in Paris.

The majority of Wilmer Cutler Pickering Hale and Dorr LLP’s contingent are based in London, led by Gary Born, one of the most highly rated individuals worldwide. In the words of an impressed interviewee: “His reputation turns out to be true – he is that good.” The “very able team” alongside him includes Wendy Jane Miles, Franz Schwarz and Steven Finizio, and Rachel Kent in DC is also listed.

Covington & Burling LLP’s arbitration practice has been strengthened by the recruitment of Stephen Bond from White & Case. Senior of counsel in the firm’s London office, he is European chair of the practice group and “excellent as advocate or arbitrator”. The DC office remains strong with three highly rated individuals featured, with Oscar Garibaldi commended for investor-state dispute resolution.

 SWITZERLAND

Switzerland remains a major hub for arbitration. Six lawyers from Lalive are listed, more than any other firm in the country and two more than in the last edition. Clients spoke highly of the firm – “I rate the overall service very highly and would use them again” – and Pierre Lalive is regarded as “one of the pillars of Swiss arbitration”. Michael Schneider and Teresa Giovannini are extremely well known, and “you only ever hear good things about” Matthias Scherer. The two new nominees this year are Veijo Heiskanen and Domitille Baizeau, the latter attracting a great deal of praise: “Her approach is fact-based, she gets to the point and prefers crisp, clear legal argument to a page- and time-filling approach.”

We identify five partners at Schellenberg Wittmer this year. Nathalie Voser is “very experienced in legal aspects, able to understand the technical and commercial issues of the case quickly and to provide excellent guidance”. Anne-Véronique Schlaepfer was repeatedly singled out to researchers, while Elliott Geisinger and Georg von Segesser also form part of a team that is “well trained, experienced and highly dedicated”. David Roney appears for the first time as a result of the strong recommendations he received: “His towering strength is the tactical preparation and execution of the hearing, including the examination of witnesses. He is able to understand the commercial and, more importantly, the complex technical background of the case extremely quickly,” according to one source.

Two ex-Schellenberg partners are among the most highly regarded practitioners in Switzerland and worldwide. Laurent Lévy is “world class” and Gabrielle Kaufmann-Kohler is “in a word: brilliant”. Lévy Kaufmann-Kohler is one of the leading boutique practices in the research worldwide. Python & Peter earns three listings in this edition, and clients were “very impressed by Wolfgang Peter’s ability to understand and reflect complex technical and commercial interrelations”. Pierre-Yves Gunter is “responsive and efficient”, and Sébastien Besson is “tactically astute”.

Bär & Karrer AG once again has two of its partners listed in the higher echelons of the research: Marc Blessing and Daniel Hochstrasser are both internationally recognised. Homburger sees its presence stretch to three in this edition. Markus Wirth has acted as arbitrator in over 100 national and international arbitrations, and Gabrielle Nater-Bass is well regarded. Dispute resolution specialist Balz Gross appears in this edition for the first time.

Our Switzerland list also contains Pierre Tercier a former chairman of the ICC International Court of Arbitration and a “legend in this field”, and Zurich-based Pierre Karrer is “highly sought after”. Dominique Brown-Berset continues to prosper at her new firm, Brown&Page.

FRANCE

Paris, another hotbed of arbitration talent, is home to three of the five nominees from Salans. The “legendary” Carl Salans leads the way, and the firm has been strengthened by the arrival of Barton Legum from Debevoise. One source suggested that Jeffrey Hertzfeld “deserves all the praise he gets”. Further afield, Aigoul Kenjebayeva once again leads the standings in Kazakhstan, as does Piotr Nowaczyk in Poland.

All three name partners of Derains Gharavi Lazareff are leaders in this field. Yves Derains is a former secretary general of the ICC International Court of Arbitration, and his colleague at his new firm Hamid Gharavi – formerly of Salans – is “making a real name for himself”. Serge Lazareff is “very popular, particularly as arbitrator”. Alexis Mourre of Castaldi Mourre & Partners is “firmly established among the foremost French experts” and Laurence Craig is a “very prominent arbitrator”. Matthieu de Boisséson of Darrois Villey Maillot Brochier is “very famous”. Dechert LLP has two Paris partners listed, with Pierre Mayer extremely well known and Eduardo Silva Romero regarded as “perfect” by one source. Anne Marie Whitesell also appears in our US list.

ENGLAND

The English bar is home to many of the world’s leading arbitration practitioners. VV Veeder QC of Essex Court Chambers is once again the most highly rated individual in the entire research, a “superstar who stands alone” in the view of one of our sources. Toby Landau QC is “one of the very best around”, and once again the “eminent” Martin Hunter is among the most highly regarded individuals in the English research. Julian Lew QC at 20 Essex Street is “incredibly bright and hugely effective” and Charles Brower is a “big name” whose work is “absolutely fantastic”. Former Law Lord Michael Mustill is “tremendously knowledgeable”, and Neil Kaplan QC is recognised as a “real force” both in the UK and in Hong Kong. The strength of the support for Alan Redfern of One Essex Court earns him a place among the elite worldwide.

EUROPE’S LEADING EXPERTS

The Belgian firm of Hanotiau & van den Berg is incredibly well regarded, with both named partners appearing at the top of our global research. Bernard Hanotiau is “impossible to commend too highly”, and Albert Jan van den Berg is an “amazing arbitrator”. Pascal Hollander is once again included alongside them as a first-class practitioner. Elsewhere, Hans Van Houtte of the Institute of International Trade Law in Leuven is widely renowned, as is his wife Vera Van Houtte at Stibbe.

Karl-Heinz Böckstiegel is the top arbitrator in Germany and one of the most highly regarded individuals worldwide. Klaus Michael Sachs is also well known and part of a “tremendous team” at CMS Hasche Sigle that also includes Torsten Lörcher. Other leading local figures include renowned arbitrator Hilmar Raeschke-Kessler and Siegfried Elsing at Orrick Hölters & Elsing, whose “experience and knowledge are unquestionable”.

The five nominees from Lovells include three from Germany. Volker Triebel is of counsel to the Düsseldorf office and former German representative of the International Court of Arbitration at the ICC. Robert Hunter is “prominent” in Frankfurt and Daniel Busse is viewed as “very capable”. Laurent Gouiffès is well regarded in Paris, and Dominic Pellew gives the firm a valuable presence in Russia.

Mannheimer Swartling Advokatbyrå is once again the top firm in the Swedish research, with four partners listed. Kaj Hobér is the most highly recommended individual in the country, with Tore Wiwen-Nilsson, Robin Oldenstam and Olle Flygt also well known. In Spain, Bernardo Cremades of B Cremades & Asociados “needs no introduction” – he is the most highly nominated practitioner in the country.

LEADERS WORLDWIDE

Canada is home to two of the world’s leading experts. Yves Fortier QC is an “icon” in the eyes of our sources, described as “very professional, greatly experienced and totally thorough”. He is one of four highly rated individuals from Ogilvy Renault LLP’s Montreal office: Pierre Bienvenu is a source of “invaluable advice” to his clients, Stephen Drymer is well known and Martin Valasek appears for the first time as a result of recommendations from clients – “he is assertive, precise and has an excellent understanding of international arbitration rules”. At Fasken Martineau DuMoulin LLP, Henri Alvarez QC is “one of the leaders, not just in Canada but worldwide” and he once again appears in our table of the elite practitioners. Elsewhere, Marc Lalonde QC is an “exceptional arbitrator”, and David Haigh QC at Burnet Duckworth & Palmer LLP is the leading practitioner in Alberta. William Rowley QC is well known both in England and in Canada, and Barry Leon continues to receive high levels of recommendation at his new firm – Perley-Robertson Hill & McDougall LLP.

In the US, outside the leading firms already mentioned, several further individuals impressed. Stephen Schwebel in DC is “one of the all time greats”, while William Park at Boston University Law Faculty is “an arbitrator of the highest calibre”. Former ICC secretary general Horacio Grigera Naon also stood out. Other independent arbitrators to perform well include Mark Kantor in DC and Gerald Aksen – “one of the best in New York”.

Several practitioners stand out in Latin America. Guido Santiago Tawil of M & M Bomchil tops the research in Argentina, his work in ICSID arbitrations attracting admiring comment. Arnoldo Wald of Wald e Associados Advogados holds the corresponding position in Brazil. In Mexico, Claus von Wobeser of Von Wobeser y Sierra SC is a “leading light in the region”, and José María Abascal is a “phenomenal arbitrator”.

Three highly recommended individuals feature in Australia. Michael Pryles is a “star”, Douglas Jones at Clayton Utz was repeatedly recommended and Gavan Griffith QC is “recognised throughout the region”. David Williams QC is “in a league of his own” in New Zealand. In Hong Kong, Sally Harpole stands out, particularly for her work as arbitrator, and Teresa Cheng SC at Des Voeux Chambers is very well known.

In Beijing, Jingzhou Tao of Jones Day is “one of the few people from an international firm to get involved in arbitration relatively early in China”. Japan’s leading individual is Yasuhei Taniguchi of Matsuo & Kosugi, who is a “famous figure in the local arbitration community and very active”. Hiroyuki Tezuka of Nishimura & Asahi is also much admired. Michael Hwang SC dominates the research in Singapore. He is “very meticulous, versatile and a household name”.

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