Most Highly Regarded Firms: Commercial Arbitration 2012

• November 2011

• Arbitration

Our research identifies 568 outstanding arbitration practitioners from 77 countries. Each received high levels of recommendation from the clients, peers and expert witnesses we canvassed around the world, and they are considered to be pre-eminent as both counsel and arbitrator.

Freshfields Bruckhaus Deringer LLP is the leading firm in this year’s research with 15 nominees selected from eight countries. Constantine Partasides heads the international arbitration group in London, and is one of the most highly regarded practitioners in the world. Clients “really appreciate his quality”, and he has acted as counsel and arbitrator in over 50 ad hoc and institutional arbitrations and is “world class” in the eyes of our sources. Alongside him, Nigel Rawding is “hugely experienced” and scores highly once again. Four nominees appear from the Paris office. Georgios Petrochilos is highly rated as both counsel and arbitrator, and has served as adviser to the UNCITRAL Secretariat alongside the “legendary” Jan Paulsson. Co-head of the firm’s international arbitration practice, he is vice-president of the ICC International Court of Arbitration, board member of the AAA and former president of the London Court of International Arbitration. “No one knows this area better,” says one of our sources. Noah Rubins heads the firm’s worldwide Russia/CIS dispute resolution subgroup and is an “authority on the region”, while Peter Turner is much sought after for his investor-state arbitration expertise. Also in Paris, Elie Kleiman heads the dispute resolution practice and is “internationally recognised in this sector”. In Vienna, Günther Horvath is one of Austria’s most highly rated individuals and Rolf Trittmann occupies a similar position in the German research.

Lucy Reed is co-head of the global international arbitration group and earns a place among the world’s most highly regarded individuals in this year’s research. She was repeatedly recommended for her investment treaty disputes expertise, and acted as an arbitrator on the Eritrea-Ethiopia Claims Commission. She is one of four nominees from the firm’s US offices. The “excellent” Nigel Blackaby heads the US and Latin America international arbitration groups and president of the IBA subcommittee on investment arbitration. Brian King, currently seconded to the New York office, has advised clients such as ConocoPhillips and the government of Turkey on multi-billion dollar claims. Alexander Yanos once again scores highly this year. Reza Mohtashami heads the firm’s Middle East international arbitration practice and is one of the most highly recommended individuals in the region, and Peter Yuen is once again recognised for his practice in Hong Kong.

White & Case increases its presence to 13 in this edition, and is viewed as “a premier league firm for commercial arbitration”. Six are based in the US. Paul Friedland is global head of the international arbitration practice group and a “big name”, recognised from his senior roles at the AAA, IBA and LCIA. Alongside him, Ank Santens is selected for the first time in this edition in recognition of her “outstanding practice”. Abby Cohen Smutny is one of the most highly regarded arbitration counsel in the US, and Carolyn Lamm, former president of the American Bar Association, is “absolutely first class”. Jonathan Hamilton is fêted for his Latin American expertise in particular, and Andrea Menaker is a “tremendously skilled and highly effective counsel”. In London, “construction expert” Phillip Capper is listed alongside David Goldberg, and three nominees appear from the Paris office, construction and energy disputes specialist Matthew Secomb appearing for the first time alongside Christopher Seppälä and Michael Polkinghorne. The “excellent” Claes Zettermarck is one of the leading names in Sweden, and Pawel Pietkiewicz heads the firm’s disputes practice in Warsaw and gives White & Case its third new entry this year.

Nine nominees are listed from Herbert Smith LLP, split between the firm’s European and Asian offices. Charles Kaplan in Paris is particularly highly rated, as is the "fantastic" Isabelle Michou. Paula Hodges and Matthew Weiniger are both very highly recommended in London, with the latter also recognised for his competition practice. The firm is very strong in Asia, with Dominic Roughton deemed “supremely skilled” in the Tokyo office where he appears alongside “disputes guru” Peter Godwin. Alastair Henderson divides his time between the Bangkok and Singapore offices, and Nicholas Peacock is a “widely respected disputes lawyer”. Justin D’Agostino is “building a fantastic reputation” in the Hong Kong office, and is responsible for the greater China arbitration practice.

King & Spalding LLP is another firm to expand its contingent in this year’s research, and 10 of its partners are recognised this year. Seven are based in the US, more than any other firm in the country. Doak Bishop is “unbeatable for energy-related disputes” and four further Houston based partners are selected for inclusion. The “immensely respected” Margrete Stevens is a consultant in the DC office and former lead counsel at ICSID, and Guillermo Aguilar Alvarez scores highly in New York. Two highly rated nominees are selected in Paris, and John Savage, a veteran of over 100 international arbitrations, is “one of the finest practitioners in Asia” and listed in the Singapore section of our publication.

Nine nominees appear from Allen & Overy LLP. Judith Gill QC leads the firm’s international arbitration group and is “one of the finest practitioners I have ever come across”. She received high levels of recommendation from our sources around the world, and earns a place among the practice area’s leading lights. Also based in London, Stephen Jagusch is “one of the pre-eminent ICSID arbitration experts in the world” and Anthony Sinclair scores highly with sources internationally. Daniel Busse and Jan Schaefer are both extremely well respected in Germany. Benno Kimmelman in New York continues to attract praise from our sources, and Peter Thorp, managing partner of the mainland China practice, gives the firm a valuable presence on the ground in Beijing and is “much sought after for CIETAC arbitrations”. In Hong Kong, Matthew Gearing is recognised for the “impressive breadth and depth of his experience”. The “brilliant” Michael Young is based in Paris and is recognised for his expertise in energy, chemicals and natural resources disputes.

Shearman & Sterling LLP once again stands out as one of the top firms in this field, and seven nominees feature from the firm. Five are based in Paris, including the “world class” Emmanuel Gaillard, who has represented clients in over 300 international arbitration cases and acted as sole arbitrator, party-appointed arbitrator or chairman in more than 50 international arbitrations. Philippe Pinsolle has acted as counsel in more than 120 international arbitrations and is much in demand for his investor-state expertise, and Fernando Mantilla-Serrano is similarly highly rated. Yas Banifatemi is much sought after for her knowledge of international investment, oil and gas and general commercial matters, and Todd Wetmore is also very well known. Richard Kreindler is said to be “one of Germany’s leading figures”, with a track record that encompasses approximately 160 arbitrations in various sectors. Yu-Jin Tay in Singapore is “very well regarded across Asia”.

Six nominees appear from Lalive in this edition, all based in Geneva. Pierre Lalive is “one of the all time greats”, recognised throughout our international research. Michael E Schneider is similarly well known in the field, he is president of the Swiss Arbitration Association and vice chair of the ICC Commission on Arbitration. Teresa Giovannini has acted as counsel or arbitrator in more than 130 international arbitrations, and Matthias Scherer and Veijo Heiskanen are also extremely well known. Domitille Baizeau is “building a real reputation as one of the best around”.

Norton Rose performs particularly well in this year’s edition, with a strong presence in Canada augmented by a further presence in Europe and Asia. Three nominees appear from the Montreal office, including the “outstanding” Pierre Bienvenu, global practice leader of Norton Rose Group’s international arbitration practice. Joseph Tirado is head of international arbitration and ADR in the London office and one of the most highly rated practitioners in England, and the firm also appears in Germany through Patricia Nacimiento, who joined the firm in late 2011, and in Singapore through the selection of the “excellent” Guy Spooner. Elisabeth Eljuri is the most highly recommended individual in our Venezuelan research, and her firm Macleod Dixon is due to merge with Norton Rose in January 2012.

Yves Fortier CC QC, former chairman emeritus of Norton Rose OR, announced at the end of 2011 his intention to establish an independent practice. Internationally renowned as “one of the best in the business”, he will leave the firm on 31 December to pursue an independent career in Montreal and London.

Fulbright & Jaworski LLP sees six nominees selected for inclusion, with half based in its Houston office. C Mark Baker co-heads the arbitration and ADR practice and is known for his UNCITRAL, ICSID, ICC and AAA experience. David J Howell in London is his fellow practice co-head and particularly fêted for his construction expertise. Philip Punwar is “an authority on arbitration in the Middle East” and was involved in initiatives to modernise the UAE’s arbitration laws.

The five nominees from Skadden Arps Slate Meagher & Flom LLP are based across three offices. John Gardiner now co-heads the practice in the New York office and is highly regarded across the US, while Barry Garfinkel is of counsel to the firm and “revered for the breadth and depth of his knowledge”. Julie Bédard scores highly and was described as a “real star” by our sources. In London, the “insightful and effective” Karyl Nairn serves as vice president of the ICC International Court of Arbitration in Paris and as a member of the ICC Commission on Arbitration. Paul Mitchard QC in Hong Kong heads the Asian litigation and arbitration group and also co-heads the global practice, and is very well thought of in the market.

Wilmer Cutler Pickering Hale and Dorr LLP is recognised for its strength in this area, particularly in the London office. Chair of the practice group Gary Born is recognised as one of the most highly nominated lawyers in this year’s research, and is a “formidably skilled and extremely effective arbitrator” who has participated in more than 550 international arbitrations, including four of the largest ICC arbitrations to date. Wendy Miles is widely recognised for her work as lead co-counsel for southern Sudan in the Abyei arbitration, and Franz Schwarz and Steven Finizio also perform well. Rachael Kent is a vice chair of the international arbitration practice group and once again selected for inclusion in DC.

Five partners from Debevoise & Plimpton LLP are selected. The “pre-eminent” David W Rivkin splits his time between the firm’s London and New York offices and is secretary-general of the International Bar Association. Donald Donovan scores highly, and Mark Friedman is praised for his work on commercial and investment treaty cases. In London, Sophie Lamb is a “rising star” and she is selected alongside former UK attorney-general Lord Goldsmith QC, “one of the biggest names in UK law”.

Elsewhere in Switzerland, Schellenberg Wittmer earns five inclusions. Nathalie Voser heads the firm’s international arbitration team and performs very strongly in the research. She is joined by Anne-Véronique Schlaepfer and Elliott Geisinger, as well as Georg von Segesser: “one of the most experienced figures in the field” who has participated in over 200 arbitrations. Martin Bernet heads the dispute resolution group and is recognised for his litigation and arbitration expertise in a range of sectors.

Hanotiau & van den Berg in Brussels is another European firm to gain five nominees this year. Both name partners are among the most highly recommended individuals in our research overall. Albert Jan van den Berg is an “icon”, recognised as “one of the premier practitioners in the world” and the recipient of votes from all quarters of our research. Bernard Hanotiau has acted as chairman of the arbitral tribunal in over a hundred cases and is “one of the most sought after arbitrators in the world, and with good reason”. Pascal Hollander and Olivier Caprasse are also selected, alongside Erica Stein who appears for the first time this year.

The London Bar is home to many of the world’s leading arbitrators. VV Veeder QC of Essex Court Chambers received more recommendations than any other practitioner in this year’s research, and possesses “one of the finest legal minds I have ever come across,” according to a source. Toby Landau QC is similarly well regarded both at home and abroad, and is a “tremendously effective arbitrator”, according to those who have seen him in action. Julian Lew QC at 20 Essex Street has advised parties in proceedings under all the major arbitration systems and was described as being “as good as it gets”. Alan Redfern at One Essex Court scores particularly highly once again, and is a vice-president of the International Court of Arbitration of the ICC in Paris as well as “one of the finest authors on arbitration in the world”.

Several other leading figures can be found on the continent. In Belgium, Hans Van Houtte of the Institute of International Trade Law in Leuven is once again identified as one of the outstanding figures in this sector worldwide, and he is selected alongside his wife, Vera Van Houtte, who is based at Stibbe in Brussels.

Lévy Kaufmann-Kohler is home to the two leading experts in the Swiss voting. Laurent Lévy is a “joy to work with”, recognised for his work across a range of sectors, and Gabrielle Kaufmann-Kohler is former president of the Swiss Arbitration Association and “absolutely outstanding”, according to our sources – she is placed extremely highly in this year’s findings.

In Paris, Yves Derains and Hamid Gharavi both appear from the firm that bears their names. Derains is former secretary-general of the ICC International Court of Arbitration and “unrivalled in his field”, while Gharavi is one of the most highly recommended individuals in the French research.

Karl-Heinz Böckstiegel scores highest in the German research, and Bernardo Cremades of B Cremades & Asociados in Madrid leads the voting in Spain.

Michael Pryles in Australia is a “worldwide authority” on investor–state and commercial disputes, and other outstanding practitioners include Doug Jones at Clayton Utz, Gavan Griffith QC and the “brilliant” David Williams QC in New Zealand. Michael Moser in Hong Kong is “universally recognised as one of the finest arbitrators in Asia”, and Michael Hwang SC in Singapore is similarly well regarded.

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