Composition of the ICC International Court of Arbitration for the period from 1 January 2000 to 31 December 2002

Article 5.3 (c) of the ICC Constitution and Article 3.3 of the Statutes of the International Court of Arbitration empower the ICC World Council to appoint the members of the International Court of Arbitration, upon the proposal of the National Committees. At the Council's 178th session held in Paris on 9 November 1999, the members and alternate members shown here were appointed for the period from 1 January 2000 to 31 December 2002. At the same session and for the same period, the Council appointed ten vice-chairmen, pursuant to Article 5.3 (b) of the ICC Constitution and Article 3.2 of the Statutes of the International Court of Arbitration, and renewed the Chairman's term of office, pursuant to Article 5.3 (a) of the ICC Constitution and Article 3.1 of the Statutes of the International Court of Arbitration.

Chairman

Robert Briner (Switzerland)

Attorney-at-law; doctor of laws; former judge and president at the Iran-United States Claims Tribunal in The Hague, Netherlands.

Vice-Chairmen

Fali S. Nariman (India)

Senior advocate, Supreme Court of India; past president of the Law Association for Asia and the Pacific.

Toshio Sawada (Japan)

Attorney-at-law; emeritus professor of law (international transactions) at Sophia (Jôchi) University, Tokyo.

Francis P. Donovan (Australia)

Barrister-at-law; solicitor; former ambassador and permanent representative to OECD.

Carlos Henrique de C. Fróes (Brazil)

Attorney-at-law.

Ottoarndt Glossner (Germany)

Attorney-at-law; doctor of laws.

Michel Aurillac (France)

Attorney-at-law; member of the Conseil d'Etat; former minister.

Piero Bernardini (Italy)

Attorney-at-law; doctor of laws; member of the International Council for Commercial Arbitration.

Ahmed S. El-Kosheri (Egypt)

Attorney-at-law; doctor of laws; professor at Senghor University; ad hoc judge at the International Court of Justice.

Michael J. Mustill (United Kingdom)

Barrister-at-law; honorary professor at Birmingham University; former Lord of Appeal in Ordinary.

Gerald Aksen (United States)

Attorney-at-law; chair of Arbitration Committee at the United States Council for International Business.

Members

Argentina

Sergio Le Pera

Attorney-at-law; doctor of laws; professor of law at Buenos Aires University.

Ernesto O'Farrell (alternate member)

Attorney-at-law.

Australia

Garry Downes

Queen's Counsel.

Karyl Nairn (alternate member)

Barrister-at-law and solicitor (Australia); solicitor (England and Wales).

Austria

Günther Frosch

Attorney-at-law; doctor of laws.

Christian Herbst (alternate member)

Attorney-at-law; doctor of laws.

Bahrain

Hassan Ali Radhi

Attorney-at-law.

Bangladesh

M. Zahir

Senior advocate, Supreme Court of Bangladesh; doctor in law.

Belgium

Pierre Gabriel

Doctor of laws; honorary professor of law at Liège University.

Brazil

Luiz Fernando Teixeira Pinto

Attorney-at-law; doctor of laws.

C. M. Mafra de Laet (alternate member)

Attorney-at-law.

Burkina Faso

Harouna Sawadogo

Attorney-at-law; president of Burkinan Bar; former law lecturer.

Cameroon

Gaston Kenfack Douajni

Appeal court judge, Douala; assistant director of legislation at Ministry of Justice.

Canada

Robert Knutson

Solicitor (Canada, England and Wales).

Caribbean

Alcade Warner

Former Solicitor General and supreme court appeal judge; chair of Trinidad and Tobago Public Service Appeal Board.

Chile

Carlos Eugenio Jorquiera M.

Attorney-at-law; chairman, Santiago de Chile Arbitration Centre.

José Luís López Blanco (alternate member)

Attorney-at-law; professor of law and business.

Colombia

Fernando Mantilla-Serrano

Attorney-at-law.

Côte-d'Ivoire

Léon Boissier-Palun

Attorney-at-law.

Cyprus

Antis A. Triantafyllides

Barrister-at-law.

Czech Republic

Jana Doskova

Attorney-at-law.

Denmark

P. R. Meurs-Gerken

Attorney-at-law.

Ecuador

José Ramon Jimenez Carbo

Doctor of laws; attorney general of Ecuador.

Egypt

Yehia El Gamal

Attorney-at-law; doctor of laws; professor of law at Cairo University.

Borham Atallah (alternate member)

Attorney-at-law; doctor of laws; professor of civil law, Alexandria University.

Finland

Robert Mattson

Attorney-at-law.

France

Patrice Level

Attorney-at-law; doctor of laws; former professor.

Philippe Boivin (alternate member)

Head of corporate legal department.

Germany

Fabian von Schlabrendorff

Attorney-at-law.

Michael Bühler (alternate member)

Legal counsel; doctor of laws.

Ghana

Samuel K. B. Asante

Solicitor (England and Wales); barrister-at-law (Ghana); doctor of laws; former Ghanaian Solicitor General, Deputy Attorney General and acting Attorney General.

Greece

Epaminondas Spiliotopoulos

Supreme court advocate; doctor of laws; emeritus professor of law at Athens University.

Hungary

Ivan Szasz

Attorney-at-law; doctor of laws; professor of law at Budapest University and Budapest Academy of Foreign Trade.

Iceland

Baldvin Björn Haraldsson

Attorney-at-law.

India

Dharmasingh M. Popat

Supreme Court advocate.

Sarosh R. Zaiwalla (alternate member)

Attorney-at-law.

Iran

Mohammad H. Tamaddon

Professor at Tehran University.

Mohsen Mohebi (alternate member)

Corporate legal adviser; doctor in law.

Ireland

Michael W. Carrigan (alternate member)

Solicitor.

Israel

Michel A. Calvo

Attorney-at-law; doctor of laws.

Mayer Gabay (alternate member)

Attorney-at-law; former civil service commissioner and director general, Ministry of Justice; 1st Vice-President UN Administrative Tribunal.

Italy

Renzo Morera

Attorney-at-law; doctor of laws.

Loretta Malintoppi (alternate member)

Attorney-at-law.

Japan

Kazuo Takayanagi

Corporate executive.

Jordan

Rajai Kamel Dajani

Attorney-at-law; former military court judge and minister.

Korea

Jay Ki Lee

Attorney-at-law; ministerial adviser.

Kuwait

Anwar Al-Fuzaie

Attorney-at-law; professor.

Youssef Mohamad Al-Ali (alternate member)

Doctor of laws; legal director, Chamber of Commerce and Industry.

Lebanon

Ghaleb S. Mahmassani

Attorney-at-law; doctor of laws.

Mouhieddine Kaissi (alternate member)

Attorney-at-law; doctor of laws; professor; secretary general, Lebanese Arbitration Centre.

Luxembourg

Pierre Seimetz

Doctor of laws; member of EU Economic and Social Committee.

Madagascar

Raymond Ranjeva

Professor of international law at Madagascar's law faculty; judge at the International Court of Justice.

Mexico

Julio C. Treviño

Attorney-at-law.

Fernando Estavillo Castro (alternate member)

Attorney-at-law; professor.

Morocco

Hamid Andaloussi

Attorney-at-law.

Abdelaziz Souhair (alternate member)

Attorney-at-law; doctor in law and history.

Netherlands

Sierk Bruna

Attorney-at-law.

New Zealand

David A. R. Williams

Queen's Counsel.

Jason A. Fry (alternate member)

Barrister-at-law and solicitor.

Nigeria

Bola Ajibola

Nigerian High Commissioner to the United Kingdom.

Odein Ajumogobia (alternate member)

Attorney-at-law.

Norway

Gunnar Nerdrum

Attorney-at-law.

Pakistan

M. A. K. Afridi

Attorney-at-law.

Mahomed J. Jaffer (alternate member)

Attorney-at-law.

Peru

Eduardo Ferrero Costa

Attorney-at-law; doctor of laws; professor; former foreign affairs minister.

Philippines

Florentino P. Feliciano

Member of WTO Appellate Body; university lecturer; former supreme court judge.

Portugal

João Luís Lopes dos Reis

Attorney-at-law.

Manuel Cavaleiro Brandão (alternate member)

Attorney-at-law; member of Portuguese parliament.

Saudi Arabia

Abdelrahman A. Abbar

Attorney-at-law.

Singapore

K. S. Chung

Attorney-at-law.

South Africa

Mervyn E. King

Senior Counsel; former Supreme Court judge.

Spain

Juan Antonio Cremades Sanz Pastor

Attorney-at-law.

Mercedes Tarrazón R. (alternate member)

Attorney-at-law.

Sri Lanka

C. Chakradaran

Legal counsel.

Sweden

Hans Bagner

Attorney-at-law.

Switzerland

Pierre Neiger

Former attorney-at-law.

Syria

Faez Anjak

Attorney-at-law; doctor of laws; former professor.

Thailand

Kiat Sittheeamorn

Company chairman; parliamentary adviser.

Togo

Wle-Mbanewar Bataka

Attorney-at-law.

Tunisia

Salah Mejri

Attorney-at-law.

Turkey

Turgut Kalpsüz

Attorney-at-law; doctor of laws; professor at Ankara University.

Tugrul Ansay (alternate member)

Legal counsel; doctor of laws; university lecturer and professor.

Ukraine

Vasyl Marmazov

Attorney-at-law.

United Kingdom

Michael Lee

Solicitor.

David St. John Sutton (alternate member)

Solicitor.

United States

Carl F. Salans

Attorney-at-law.

Axel H. Baum (alternate member)

Attorney-at-law.

Uruguay

Paul Fabien Arrighi Bustamante

Legal counsel; doctor of laws.

Venezuela

James Otis Rodner

Attorney-at-law; doctor of laws.

Alfredo Zuloaga (alternate member)

Attorney-at-law

ICC International Arbitration Commission Projects

ICC Commission Working Parties are constituted temporarily in order to undertake projects on specific topics and report back on their findings.1 Amongst recent topics which have been the subject of projects launched by the ICC Commission on International Arbitration are alternative dispute resolution (ADR) services, and arbitration in the rapidly developing field of telecommunications and electronic commerce.

Alternative Dispute Resolution Services

At its November 1999 meeting, the ICC Commission on International Arbitration examined a recommendation made by its Working Party on the Adaptation, Extension and/or Promotion of ICC Alternative Dispute Resolution Services. The Working Party, chaired by Peter Wolrich, found that recent years have seen an increasing demand from the international business world for flexibility in dispute resolution. According to Mr Wolrich, an attorney-at-law and experienced practitioner and teacher of international arbitration, ADR is to be seen as a complement, not an alternative, to arbitration and traditional litigation. It was recommended that ICC look into ways of extending its ADR services, which it is believed would also have the effect of enhancing ICC's role in arbitration.

The Working Party has thus been given a new mandate to propose a framework for ADR activities within ICC. The likelihood is that this new framework will overwrite the Rules of Conciliation now in force and might well lead to the adoption of standard ADR clauses. However, certain ICC ADR services currently on offer, such as Expertise and DOCDEX, will not be affected, as they are much appreciated in business and banking circles. The Working Party is due to report to the Commission on International Arbitration at its next meeting in the spring of 2000.

Arbitration, Telecommunications and E-Commerce

In September 1999, the Working Party on Arbitration, Telecommunications and Electronic Commerce, chaired by Jérôme Huet, professor at Paris II University (Panthéon-Assas) and Academic Director of ICC's Institute of World Business Law, delivered its final report.2

The Working Party had been created by the Commission on International Arbitration at its session of 28 October 1997 for the purpose of considering arbitration in relation to new telecommunications techniques, especially in the field of electronic commerce. In light of the growing use of the Internet and the resulting upsurge in electronic commerce, the Commission wished to know whether existing arbitration techniques may be implemented in this new field and whether arbitration is able to give satisfaction to those involved. ICC National Committees were asked for their comments, which were examined and discussed by the Working Party.

A summary by Herman Verbist and Christophe Imhoos of the Working Party's report can be found in this issue of the SICC International Court of Arbitration Bulletin.3 There are two sections to the report: the first dealing with arbitration and telecommunications and the second with arbitration and e-commerce.

http://www.iccarbitration.org

The International Court of Arbitration web site has taken on a new look, which Bulletin readers in particular should find familiar.

An attempt has been made to streamline the functioning of the site by simplifying its structure. A two-tiered arrangement of information has been chosen, so as to ease the visitor's journey around the site. Two other functional features of practical use are the site map, giving a glance over the different pages comprising the site, and the search engine for visitors looking for a precise piece of information.

The home page displays various headings and icons giving access to a second level containing the corresponding information. On the left will be found a list of the various dispute resolution services offered by ICC, followed by a selection of relevant documentary material, information on the Bulletin and contact details. To the right of this are icons linking to selected key features to which visitors may wish to have direct access without necessarily following the proposed site hierarchy. These include the ICC Rules of Arbitration, ICC arbitration statistics and an automatic fee calculator. The latter gives potential parties an idea of arbitration costs before actually initiating an arbitration procedure.

The information contained under each of the headings listed in the upper left-hand column is presented following a standard pattern - introduction, appropriate model clause, relevant rules, filing a request, outline of the procedure, details of costs and, [Page12:] lastly, persons to contact and names of other persons concerned such as the members of the Court or the relevant committee. Each of these areas of information may be accessed from a bar at the top of the page. The model clauses and rules are displayed in the language in which the visit is being made (English at present, although French will soon be available), but may be downloaded in a variety of other languages.

The site is still in its infancy. The headings in the lower left-hand column will be progressively filled out. For instance, under 'Awards' will be found references to published ICC Awards together with an indication of key topics covered. The heading 'Reference material', which currently connects to ICC publications, will in time offer a bibliography of articles on international arbitration and ICC arbitration in particular.

Feedback, visitor statistics and requests by other sites for links to www.iccarbitration.org already testify to the success of the Court's new site. It is hoped that Bulletin readers too will be similarly satisfied; all comments and suggestions they may have as to its future development are welcome. [Page13:]

Appointments at the Secretariat

Odette Lagacé and Andrea Rusca have left their positions as Counsel at the Court Secretariat and have been replaced, respectively, by Eduardo Silva Romero and Andrea Carlevaris

Mr Carlevaris is Italian and has been a member of the Rome Bar since 1998. He studied at the University of Rome, where he completed a doctoral thesis in international law in 1999. Mr Carlevaris has been practising civil and commercial law for six years and has also followed an internship programme at the United Nations Office of Legal Affairs in New York. Mr Carlevaris speaks Italian, English and French.

Mr Silva Romero, who is Colombian, studied law in Colombia and France and holds postgraduate degrees in private international law and the philosophy of law from the University of Paris II. Mr Silva Romero joined ICC as Assistant Counsel in 1998, after previously practising law in Colombia and then in the Paris office of an American law firm. Mr Silva Romero speaks Spanish, French and English.



1
The opinions, recommendations and conclusions set out in such reports do not necessarily represent official ICC standpoints, nor are they binding on the ICC Court.


2
The report was produced with the assistance of Isabelle Gavanon, Sylvie Picart-Renaut, Marina del Pozzo and Stefania Valmachino.


3
See infra, pp. 20-25.