Most Highly Regarded Firms: Arbitration 2011

• December 2010

• Arbitration

We have spent months researching the global commercial arbitration legal marketplace and have selected the 531 arbitrators and counsel recommended to us. All who are listed here who can be considered pre-eminent in the field and are well respected by clients, corporate counsel and peers. For the first time, we also include expert witnesses in our survey and these are acknowledged leaders in fields such as forensic accountancy, construction and economics. We have selected 59 individuals who specialise in commercial arbitration proceedings.

The World's Leading Arbitration Practices

Lawyers from Freshfields Bruckhaus Deringer LLP appear 16 times in the following pages from seven countries. Jan Paulsson “stands alone at the head of the practice worldwide”. Co-head of the firm’s practice, he is president of the London Court of International Arbitration and has conducted cases under the ICC, UNCITRAL, ICSID, LCIA and AAA Rules. Based in Paris, Peter Turner is one of the most highly regarded arbitration specialists in France, and Noah Rubins is “first class”. Georgios Petrochilos is much sought after for his ICC expertise and Elie Kleiman is very well known domestically and worldwide. The firm also has five US-based nominees. Lucy Reed is co-head of the global international arbitration group and “one of the premier arbitrators in the United States”. Nigel Blackaby heads the US and Latin America international arbitration groups and is “internationally recognised”, while Brian King has advised ConocoPhillips on multi-billion dollar claims arising out of an asset expropriation. Alexander Yanos and Devashish Krishan were both repeatedly recommended to researchers. Reza Mohtashami leads the Middle East international arbitration practice from the Dubai office, and Peter Yuen gives the firm a valuable presence in Hong Kong. In Europe, Günther Horvath in Vienna is “hugely effective” and Rolf Trittmann in Frankfurt appears in the upper echelons of the German research. Two further nominees appear in London. Nigel Rawding’s experience includes ad hoc, ICC, LCIA and UNCITRAL arbitrations, while Constantine Partasides, formerly of the Paris office, earns a place among the most highly regarded individuals in the research overall as a result of his “outstanding” work on over 50 ad hoc and institutional arbitrations, including under UNCITRAL, ICC, LCIA, AAA and ICSID rules.

Nearly half of the 11-strong contingent from White & Case in this edition are based in the US. Paul Friedland heads the international arbitration practice group from the New York office and holds positions at several arbitration institutes, including the AAA and the LCIA. Abby Cohen Smutny and Carolyn Lamm in DC were both commended to researchers as “absolutely fantastic” and appear alongside Jonathan Hamilton and former chief of the NAFTA arbitration division for the US State Department Andrea Menaker. In London, Phillip Capper is joined by David Goldberg, a native Russian speaker who is well known for his work in the CIS region. The firm fields “two of the leading experts in France” in Christopher Seppälä and Michael Polkinghorne, while Patricia Nacimiento in Germany is “first class” and Claes Zettermarck performs well in Sweden.

Herbert Smith LLP sees 10 of its lawyers selected for this edition. The majority are based in Europe, led in the voting by the “excellent” Charles Kaplan in Paris – “I endorse him 100 per cent,” says one of our sources. He leads a trio of nominees from Paris that also includes Michael Young – “a real perfectionist” – and Isabelle Michou, a new entry in this publication. David Brynmor Thomas is one of four nominees listed in London, where Paula Hodges and Matthew Weiniger are now joined by Graeme Johnston, who returned to England in July 2010 after nine years in Hong Kong and Shanghai. The firm remains strong in Asia, with Alastair Henderson the most highly recommended individual in Thailand and Dominic Roughton and Peter Godwin listed in Tokyo.

Six of King & Spalding LLP’s nine nominees are based in the US, a number unmatched by any other firm in the country. Doak Bishop is “the cardinal of commercial arbitration in Texas” and leads a contingent of five from the Houston office which also includes the internationally recognised John Bowman. Margrete Stevens is a former acting lead counsel at ICSID and one of the most highly rated practitioners in DC, while the firm also has two nominees selected in Paris. King & Spalding has strengthened further with the lateral hire of John Savage in Singapore. Previously based at Shearman & Sterling, Savage has represented governments, corporations and high net worth individuals in over 100 international arbitrations.

Allen & Overy LLP’s contingent grows to eight in this year’s edition. Judith Gill QC in London is regarded as a “doyenne” – “I have had her opposite me in a case and she is very impressive,” said one interviewee. Stephen Jagusch is among the leading experts in London and “the first port of call for ICSID disputes”, while Anthony Sinclair is once again highly recommended. New York-based Benno Kimmelman is extremely well regarded in the US, while Peter Thorp, managing partner of A&O’s mainland China practice, is one of Beijing’s most highly regarded individuals. Matthew Gearing is experienced under ICC, ICSID, UNCITRAL and LCIA Rules and “one of Hong Kong’s premier practitioners”.

The seven-strong presence from Fulbright & Jaworski LLP is built on a strong performance from the Houston office, led by the “excellent” Mark Baker, co-head of the firm’s arbitration and ADR practice and once again one of the leading experts in Texas. Philip Punwar is “among the finest arbitration experts in the Middle East”, he worked closely with the UAE Ministry of Economy on the drafting of a new Federal Arbitration Law. Also based in Dubai, Jonathan Sutcliffe is similarly highly rated. The firm gains a listing in Hong Kong through the inclusion of Richard Hill, and in the London office David Howell, co-head of the international arbitration and ADR practice group, is also well known.

Shearman & Sterling LLP has seven nominees in this edition, with five from the Paris office. Emmanuel Gaillard is “an exemplary practitioner.” He has represented major corporations, states and state-owned entities in over 300 international arbitration cases and is listed once again among the most highly regarded experts in the world. Fernando Mantilla-Serrano scored very highly in this year’s research, as did Philippe Pinsolle, a “persuasive and considered counsel” who has acted in more than 120 international arbitrations. Yas Banifatemi impressed our sources: “She always has something thoughtful and thought-provoking to contribute,” according to a source. Todd Wetmore is also well thought of at the firm. In Germany, Richard Kreindler has handled approximately 160 commercial, investment, construction and infrastructure arbitrations and is regarded as an “immensely distinguished figure”. Yu-Jin Tay is based in Singapore and leads the firm’s international arbitration practice in Asia.

Five nominees from Skadden Arps Slate Meagher & Flom LLP are selected this year, from three offices. Barry Garfinkel is of counsel to the New York office and former head of the international litigation and arbitration practice. “Immensely respected” by his peers, he has appeared in ICC, UNCITRAL, ICSID, LCIA and AAA arbitrations. John Gardiner now co-heads the practice and was repeatedly recommended, while Julie Bédard is selected for this first time, as a result of her international practice. From the London office, Karyl Nairn serves as vice president of the ICC International Court of Arbitration in Paris and is an “absolutely wonderful lawyer”, while Paul Mitchard QC, co-head of the global international litigation and arbitration practice and head of the firm’s Asian litigation and arbitration group is selected in Hong Kong.

Debevoise & Plimpton LLP sees five of its lawyers included this year. At their head is David W Rivkin, recently elected secretary-general of the International Bar Association and a “world-class arbitrator” with experience before virtually every major arbitration institution. Donald Donovan was repeatedly commended to researchers. Mark Friedman is based in New York and London, where he appears alongside Sophie Lamb, whose “reputation is growing very quickly”, and the “legendary” former UK attorney-general, Lord Goldsmith QC.

The London office of Wilmer Cutler Pickering Hale and Dorr LLP is “extremely strong in this area”. Interviewees repeatedly identified Gary Born, chair of the firm’s practice, as “one of the pre-eminent practitioners in the world”. He has represented clients in arbitrations under all leading institutional rules and in ad hoc arbitrations in all leading international seats, and has served as arbitrator in more than 90 institutional and ad hoc arbitrations. Franz Schwarz is vice chair of the practice and “extremely skilled”, while Wendy Jane Miles and Steven Finizio also scored highly. Rachael Kent gives the firm a presence in DC.

Four nominees from Clifford Chance LLP appear from three offices. Audley Sheppard is a “high-profile name in London” and is well known as co-chair of the International Bar Association’s arbitration committee. Rob Lambert is highlighted for engineering, construction and telecoms disputes. Fabian von Schlabrendorff in Germany and Graham Lovett in Dubai further underline the firm’s international credentials.

Dechert LLP moves up to four nominees in this year’s publication. Pierre Mayer and Eduardo Silva Romero in Paris impressed our sources; the latter “shows a lot of professionalism in managing the hearings in a difficult context and had an exceptional knowledge and understanding of the file.” Anne Marie Whitesell is selected in Washington, DC and the firm’s practice has beeen strengthened by the the lateral hire of Ivan Marisin from Clifford Chance in mid 2010. Marisin brings a “formidable disputes practice”, having represented domestic and international clients in more than 100 major litigations and arbitrations worldwide.

Hughes Hubbard & Reed LLP boasts a strong transatlantic contingent of five nominees. John Townsend co-chairs the practice with José Rosell and is a “real authority” as former chairman of the board of directors of the American Arbitration Association. The “brilliant” John Fellas appears in New York alongside Steven Hammond. Axel Baum and the "very perceptive" Rosell are listed among the leading experts in Paris.

Stephen Bond leads the voting from Covington & Burling LLP. European chair of the practice group, he is a “great mind” and “one of the finest arbitrators in England.” Gaetan Verhoosel appears alongside him in London, while two further nominees are selected in DC: Oscar Garibaldi is well known for commercial and investor-state disputes, while Peter Trooboff is also highly respected.

Europe

In Brussels, Hanotiau & van den Berg sees four of its lawyers listed, with its two named partners standing out in particular. Albert Jan van den Berg is the most highly nominated individual in the world, “quite clearly one of the best in the business” in the eyes of our sources. He has acted as arbitrator and as counsel in numerous international arbitrations under ad hoc, ICC, ICSID, LCIA, NAFTA, SIAC, and UNCITRAL, among others. Alongside him, Bernard Hanotiau is “one of the pre-eminent authorities in Europe, if not worldwide” and has acted as chairman of the arbitral tribunal in over a hundred cases. Pascal Hollander is highly regarded internationally, and in this edition we also list Olivier Caprasse for the first time. As one source summed it up, “they are a key firm in the market”. Elsewhere in Belgium, Hans Van Houtte of the Institute of International Trade Law in Leuven is selected as one of the world’s leading experts, and he is listed alongside his wife Vera Van Houtte, who appears from Stibbe in Brussels.

Two firms stand out in Switzerland. Six lawyers are selected from Schellenberg Wittmer this year. Nathalie Voser heads the firm’s international arbitration team and is “one of the world’s pre-eminent disputes lawyers” with a similarly well regarded litigation practice. Anne-Véronique Schlaepfer, David Roney and Elliott Geisinger were each repeatedly commended to researchers, while Georg von Segesser has acted as chairman, co-arbitrator, sole arbitrator and counsel in over 200 domestic and international arbitrations. Martin Bernet is head of the dispute resolution group and internationally recognised for his work as both counsel and arbitrator.

In Geneva, Lalive also earns six listings in this edition. Pierre Lalive is a “legend in this field”, while “everybody knows” fellow founding partner Michael Schneider has more than 35 years experience as counsel in ad hoc proceedings and under various rules, and is also a well-known arbitrator. Teresa Giovannini is “outstanding”, and Matthias Scherer also scores highly. Veijo Heiskanen and Domitille Baizeau build on their listings from last year and are considered to be “major players in Swiss arbitration”.

The two name partners from Lévy Kaufmann-Kohler lead the Swiss voting overall. Laurent Lévy is a “big hitter” who garnered recommendations from sources across the world, while Gabrielle Kaufmann-Kohler is “in a class of her own”

In Paris, both name partners from Derains & Gharavi are extremely well regarded. Yves Derains, former secretary-general of the ICC International Court of Arbitration, is a “legend in this field” and Hamid Gharavi also performed well in the research. At Castaldi Mourre & Partners, Alexis Mourre is one of the best known experts in France, while Karl-Heinz Böckstiegel is once again the leading arbitrator based in Germany and “is unrivalled in terms of experience”. Bernardo Cremades of B Cremades & Asociados in Madrid holds a similarly elevated position at the head of the Spanish research. The “brilliant” Kaj Hobér is one of three partners to appear from Mannheimer Swartling Advokatbyrå in Sweden.

Many of the world’s leading practitioners can be found at the London Bar. Toby Landau QC is “one of the finest arbitrators around”, and has acted as chairman, sole or co-arbitrator in over 50 major international arbitrations, including bilateral investment treaty, institutional and ad hoc arbitration cases. VV Veeder QC of Essex Court Chambers is “world class”; while Julian Lew QC at 20 Essex Street has more than 30 years’ experience and is a former member of the board of directors of the LCIA. Former Law Lord Michael Mustill is very highly respected, while Alan Redfern at One Essex Court is “one of the leading names in the UK”.

Worldwide

Canada is home to some of the world’s leading experts, with two earning a place among the most highly regarded overall. Ogilvy Renault LLP is “greatly professional, highly experienced and very thorough” and has four partners listed. L Yves Fortier QC is founder of the international arbitration team, and has served as chairman or party-appointed arbitrator on more than 100 arbitral tribunals. The “exceptional” Pierre Bienvenu is co-chair of the international arbitration team, while Stephen Drymer “has the quality of being able to relate the advice he tenders to the business realities of a multinational corporation operating in a great variety of jurisdictions.” The very experienced Martin Valasek completes the firm’s presence. Henri Alvarez QC of Fasken Martineau DuMoulin LLP in Vancouver is “one of the foremost practitioners I have ever come across” according to one source, while William Rowley QC has a “tremendous reputation” with an international practice based in England and Canada.

In the US, Stephen Schwebel in Washington, DC, is regarded as a “guru” by his peers, and William Park at Boston University Law Faculty is “one of the most prominent experts in the country”.

Guido Santiago Tawil of M&M Bomchil is once again identified as the leading expert in Argentina, while the Brazilian research is headed by the “exceptional” Arnoldo Wald of Wald e Associados Advogados. Claus von Wobeser of Von Wobeser y Sierra SC stands out in Mexico, where José María Abascal of Abascal Segovia & Asociados was also repeatedly commended to researchers.

In Australia, Michael Pryles is “the first person I would call for investor–state and commercial disputes,” according to one of our sources. Doug Jones at Clayton Utz is “held in the highest esteem”, while Gavan Griffith QC is a “splendid arbitrator”. David Williams QC at Bankside Chambers in New Zealand is rated as “the country’s leading practitioner”. In Hong Kong, Michael Moser “is up there with the finest worldwide”, and Neil Kaplan QC at Mallesons Stephen Jaques is “very well known.

Jingzhou Tao of Jones Day in Beijing is the leading China-based arbitrator in the research, while Hiroyuki Tezuka of Nishimura & Asahi in Japan has “built up a very impressive portfolio of work”. Based in Singapore, Michael Hwang SC is “internationally respected” for his work in this field.

Expert Witnesses

In this edition, Who’s Who Legal identifies for the first time the leading expert witnesses specialising in commercial arbitration proceedings. We pick out 59 individuals from around the world who are acknowledged to be the outstanding authorities in their fields of expertise, including economists, forensic accountants and construction experts.

The leading firm in the research is FTI Consulting, which has 11 listings in this section. Chris Osborne in London is a senior managing director in FTI’s economic consulting practice, and was described to researchers as “fearsomely bright”. He has been involved in over 100 cases of litigation and arbitration, and has given oral evidence in the LCIA and the International Court of Arbitration. The “excellent” Mark Bezant is also well regarded by our sources, and has acted as an expert witness before the Stockholm Chamber of Commerce and the Dubai International Arbitration Centre, as well as in LCIA, ICC, UNCITRAL and other arbitration fora. He has acted in over 100 cases during his career, and has given oral evidence on over 10 occasions. Howard Rosen splits his time between Toronto and Paris and leads the firm’s global international arbitration practice – he is regarded as a “key player” by our sources. James Nicholson in Paris is similarly highly rated, while Geoff Brewer is a senior managing director in the FTI forensic and litigation consulting segment and a “pre-eminent expert on construction contracts”.

The 10 experts selected from LECG hail from five countries. Richard Boulton is global head of the finance and accounting services segment and “a very impressive guy”. He has given oral evidence on more than 20 occasions in the English High Court, before the European Commission’s DG Comp and in several international arbitration tribunals. The “very good” David Ashton has been responsible for expert reports produced and evidence adduced in more than 150 cases of litigation and arbitration. Manuel Abdala in Washington, DC, is co-chair of the international arbitration group and rated as “one of the best in the US” by our sources. He has provided testimony in more than 50 international arbitration cases, and he is said to be “market leading” for treaty disputes. Pablo Spiller in California was repeatedly highlighted for his work in ICSID cases in particular, while Mike Pilgrem is also well regarded and has given testimony before an arbitral tribunal under the LCIA rules.

Will Inglis is one of six inclusions from Deloitte. European leader of the international arbitration practice, he is “extremely experienced” in this sector, he has acted as the expert in three bilateral investment treaty disputes. Frank Ilett is “superlatively skilled” on assessing the quantum of losses suffered in corporate disputes.

Navigant Consulting also earns six nominees, led in the voting by the “very well regarded” Brent Kaczmarek in Washington, DC. One of the most highly nominated individuals in the research overall, he leads the international arbitration practice and has served as a testifying expert on more than 50 international arbitration matters, including many bilateral investment treaty cases. David Saunders is a managing director in the disputes and investigations practice in London and is a “pre-eminent expert on the quantification of damages”.

At KPMG, John Ellison is the most highly nominated individual in the research overall. He has testified in more than 30 cases, and also garnered much praise for his work as an arbitrator.

Philip Haberman leads the disputes services team at Ernst & Young and has a “wonderful reputation”. He has given oral evidence and been cross-examined on more than 30 occasions before UK courts and international arbitration panels. He is listed alongside the highly rated Richard Indge and Trevor Dick, who is one of the leading experts in Hong Kong.

Elsewhere in the research, Gerry Lagerberg of PwC in London was repeatedly recommended to researchers, and Carlos Lapuerta at The Brattle Group is “rigorous and effective” in his expert testimony on valuation issues before courts and international arbitration tribunals. Timothy Allen of Charles River Associates in London is also well regarded, having appeared as an accounting expert in international arbitrations under ICC, LCIA, and UNCITRAL rules.

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