A Guide to Arbitration

guide to...

Arbitration

Ingenieursoziet채t We spoke to the Germany-based company about geotechnical and geothermal operations within the arbitration field.

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Guide to

Arbitration Global corporations spanning many industry sectors continue to realise the benefits of arbitration in resolving transnational disputes.

The growing evidence for arbitration becoming an increasingly key element within many corporations should be seen as a positive sign for the future of the industry.

Over the next few pages we have spoken to experts from around the world about the importance of arbitration and why their firm may be the one to turn to.

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Contents 4. Association for International Arbitration

The AIA is a non-profit organisation open to all those interested in Alternative Dispute Resolution (ADR), irrespective of nationality and level of experience.

AIA strives to bring together the global community in the field of ADR and to promote ADR.

6. Arbitration in post-sanctions Iran

By Dr Ardeshir Atai, Arbitrator at Alternative Dispute Resolution Centre of American Chamber of Commerce and partner at Atai & Associates.

8. ICC Arbitration

By Alan Redfern, Arbitrator, One Essex Court.

10. The International Chamber of Commerce (the ICC)

By Chris Southworth, Director, ICC UK.

12. Hong Kong’s legal system

By Paulo Fohlin, Magnusson.

14. Swedish Arbitration

By Paulo Fohlin, Johan Molin, and Rakel Frölich, Magnusson.

16. Severson & Werson Celebrates 70 Years of Insuring Client Satisfaction

By Michael B. Murphy.

18. The Firm MADUMERE & MADUMERE

By Chikwendu Madumere.

20. Avocat au Barreau de Paris

Among all international arbitration centres, Paris uniquely satisfies the criteria that define a legally secure and user-friendly seat for international arbitration.

22. McDermott Will & Emery

Whether in North America, Europe, China or elsewhere, our lawyers are able to provide coordinated solutions to the most complex cross-border disputes.

24. Ingenieursozietät

“Without land, the building is not”: Hermann Korbion (Judges and mastermind of private building law from 1926 to 1999).

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The AIA is a non-profit organisation open to all those interested in Alternative Dispute Resolution (ADR), irrespective of nationality and level of experience. AIA strives to bring together the global community in the field of ADR and to promote ADR. It regularly organises conferences and seminars on the wide range of ADR issues in Belgium and is actively involved in the organisation of various educational events internationally.

Company: Association for International Arbitration Name: Association for International Arbitration (AIA) Email: administration@ arbitration-adr.org Web Address: http://arbitration-adr.org/news/ Address: 146 Avenue Louise, 1050 Brussels Contributor: Cecile Oosterveen

The AIA was created in 2001 and has since published extensively on ADR related subjects. It is a regular contributor to arbitration and mediation publications. The AIA provides training for European Practitioners of Justice in the field of mediation and also organises organises masterclasses on international investment arbitration and trainings in several other subjects throughout the year.

The AIA is the only provider of such conferences and seminars in Brussels. It provides an essential insight into international arbitration, where no other structures exist so far in Belgium. The AIA forms many partnership and collaborations with other institutions and organisations. In particular, it is currently collaborating with the Belgian Ministry of Justice to examine the future of mediation in Belgium. Our training and masterclasses are always fully booked, which is a testement to its importance in the Brussels’ ADR landscape. We also generally welcome high-ranking speakers from all over the world to our events.

In recent times, ADR methods are attracting increasing interest from practitioners given the growing need to find faster and easier ways to settle disputes between private and/or public parties.

In relation to mediation, we organize several trainings and seminars each year in collaboration with Billiet&Co, a reputable law firm reowned for its know-how in the mediation and arbitration sector. The FMB project has attracted knowledge and interest from practitioners from all around the world. Moreover, we recently organized a training course on the differences, including the pros and cons of mediation, arb-med, med-arb, med-arb-med and other ADR mechanisms.

For these reasons, the AIA is the leading provider of mediation trainings in Brussels.

In terms of negotiation, we are organizing a specific negotiation training programme in March 2016 as well as a course on the ‘art of convincing’ in November 2015. The latter is intended to teach participants how to persuade and adapt to the other parties’ expectations in order to accommodate their needs and claims in a more efficient way. Negotiation plays a great role in ADR and the AIA intends to organise further events on this subject.

Most importantly, the AIA also organize specialised events in arbitration, both in commercial and investment arbitration. The AIA has published several books on the subject, focusing on salient issues of international arbitration. These include, but are not limited to, arbitration in the energy sector, interim measures in commercial arbitration, arbitration in China, arbitration in CIS countries, comment on

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the UNCITRAL Model law. Our members vary from practitioners, acedemics or professionals from all around the world who trust the AIA to provide them with firsthand information on international arbitration.

We also organize several trainings and seminars on interesting subjects and topics, as shown by our latest success in organizing a seminar on “ISDS: A Way Forward”. This seminar was organized in collaboration with the Stockholm Chamber of Commerce and gathered a variety of both prestigious speakers and participants.

The AIA intends to remain at the forefront of international arbitration and other ADR methods in Brussels and in Europe. To achieve that goal, we rely on more than 60.000 subscribers and members scattered all over the world.

Future trainings and seminars in ADR methods are currently in progress and we plan on expanding the AIA sphere of influence within Brussels, by emphasising on our contacts influence in ADR. In the long term, the AIA will seek to expand our network in the Middle East and the USA. Being settled in Brussels provides a great position regarding international and commercial arbitration because it is located in the heart of Europe. We therefore enjoy a privileged position in the European landscape of ADR.

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Arbitration in Post-Sanctions Iran

By Dr Ardeshir Atai, Arbitrator at Alternative Dispute Resolution Centre of American Chamber of Commerce and partner at Atai & Associates.

Company: International Law Firm ATAI & ASSOCIATES Attorneys at Law Name: Dr Ardeshir Atai Email: atai@ataiassociates.com Web Address: http://www.ataiassociates.com/ Address: No. 4 (Former 8) 14th Street Khaled Islamboli Avenue (Vozara), P.O.Box 15875-1633 Tehran 15117 Iran Telephone: 0098 (021) 88713850 0098 (021) 88721857 0098 (021) 88721608

As the negotiations between Iran and Western powers in Vienna are moving closer to a final nuclear deal, business communities are preparing for new opportunities in the Iranian market following the lifting of sanctions on banking, insurance, petroleum and shipping sectors. Multinational companies interested in developing business in Iran should consider options for resolving disputes with local partners.

network of BITs for protection of their investments including international arbitration proceedings. The commercial contracts between foreign investors and Iranian counterparts may stipulate arbitration as a forum for resolution of contractual disputes. The parties may choose the seats of arbitration such as London, Paris or Geneva and select foreign law as choice of law governing the dispute.

The number of arbitration cases has risen recently mainly due to application of sanctions regulation on national and international level with adverse impact on business relations involving foreign and Iranian corporations. Iran has adopted the UNCITRAL Model Law on International Commercial Arbitration. The Law of International Commercial Arbitration recognises party autonomy including selection of foreign choice of law, appointment of arbitrator(s), language and location of arbitration, appointment of experts.

Under the Constitution Law, in case the dispute relates to public and state assets or one party to the dispute is a foreign national, the approval of the parliament is required for submission of disputes to arbitration. The investor-state dispute settlement provision in BITs contains express consent of the Iranian government to refer investment disputes with foreign investors to arbitration. Therefore, there is no need for separate approval since ratification of investment treaty by parliament has full force of law.

Other benefits include non-intervention of state courts in arbitration proceedings, recognition and enforcement of arbitral awards, competence of arbitral tribunal to determine its own jurisdiction, power of the arbitral tribunal to issue provisional measures, and the requirement for equal treatment of parties that is fundamental for due process of law. Therefore, tribunal must give both parties opportunity to present their case including submissions of documents and evidences necessary for defending their rights. Iran ratified the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Therefore, arbitral awards issued by foreign arbitral tribunals are recognizable and enforceable in Iran subject to the rules and procedures.

There are three main arbitration institutions in Iran, Arbitration Centre of Iran Bar, Arbitration Center of Iran Chamber of Commerce (ACICC) and Tehran Regional Arbitration center (TRAC) that was set up under the Asian-African Legal Consultative Organisation in 1997 to promote international commercial arbitration in the region. The TRAC has adopted and modified the UNCITRA Arbitration Rules as rules of procedures. At the post-sanctions phase, the TRAC will have an important role in facilitating and supervising arbitration proceedings involving multinational companies and Iranian parties.

Iran has signed more than 50 Agreements for Promotion and Reciprocal Protection of Investments (BITs) with capital exporting countries (EU states) and neighboring countries. Under the BITs foreign investors can institute arbitration proceedings under international law against Iran for encroachment of their investment and claim compensation. Iran has is not member of the ICSID Convention, therefore, the arbitration proceedings will be in accordance with dispute resolution provision in applicable BIT. The Iranian Foreign Investment Promotion and Protection Act accords foreign investors and their investments national treatment standard, compensation in case of expropriation and nationalization of their investment, transfer of funds and dispute settlement procedures pursuant to BIT terms. Therefore, foreign investors may structure their investment to benefit from 6 AI Guide to Arbitration 2015

In conclusion, arbitration has gained recognition

by Iranian legal and business community as an efficient mechanism for resolving disputes and the government recommends state entities to refer their contractual disputes to arbitration administered by the ACICC which is important step in strengthening arbitration as alternative dispute resolution mechanism.

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ICC Arbitration Name: Alan Redfern Position: Arbitrator One Essex Court Address: 1 Essex Court, Temple, London EC4Y 9AR Web address: www.oeclaw.co.uk Email address: aredfern@oeclaw.co.uk Contact no: 020 7583 2000

It begins with an arbitration clause. Parties to an international commercial contract, whether they are State entities, large or small corporations or even private individuals, are usually advised that they should insist that the contract contains an “agreement to arbitrate” in the form of an arbitration clause. Why should this be so? The answer is simple. In a purely domestic contract (that is, a contract between parties who have the same nationality or a place of residence or business in the same country) there is no particular need to agree on what should happen if a dispute arises. Either party is free to refer the dispute to the national court, without any prior agreement to give that Court jurisdiction; and if the claim is a relatively simple one (for instance, a claim for an unpaid debt) the national court will usually be able to give judgment more quickly and more cheaply than any arbitral tribunal. However, if, when the dispute arises, the parties consider that it would best be settled by arbitration, they can agree to a domestic arbitration.

In an international context, it is different. There is no international court to deal with international commercial disputes. And so the choice is recourse to a national court or recourse to international arbitration.

The problem with recourse to a national court is that this usually means recourse to the courts of the defendant’s home country, place of business or residence. For the claimant, this will be a foreign court.

Indeed, it will be “foreign” in every sense of that word - in nature, character and origin. The claimant will not be represented by the lawyers with whom it is accustomed to deal, but will have to use the services of foreign lawyers; the language of the court may not be that of the contract, so that essential documents and evidence will have to be translated, with all the costs and delay which that entails; and to make matters worse, the court may have practices and procedures that are simply not adequate to deal with international commercial transactions.

In such a situation, recourse to international arbitration before a carefully chosen tribunal of experienced arbitrators, versed in the language of the contract, with an understanding of the commercial intentions of the parties, and with a “seat” in a “neutral” country is a far better bet. As one experienced commentator has said:

“

Although there are many reasons why parties might prefer international arbitration to national courts as a system of dispute resolution, the truth is that in many areas of international commercial activity, international arbitration is the only viable option or as once famously put, ‘the only game in town’. 1

“

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Parties to an international contract who put an “agreement to arbitrate” into their contract, have a choice between running the arbitration themselves, without the involvement of an arbitral institution, or agreeing to conduct the proceedings under the Rules of Arbitration of one of the established arbitral institutions.

One such arbitral institution is the International Court of Arbitration of the International Chamber of Commerce. The “ICC Court” was established in Paris in 1923. It is an autonomous division of the worldwide International Chamber of Commerce (“the ICC”). The ICC Court is one of the world’s leading organisations in the resolution of international disputes; however, it is not a ‘court’ in the usual sense of that word. Rather, it is a body which supervises ICC arbitrations and deals with such matters as the selection of arbitrators, challenges to arbitrators, scrutiny of draft Awards and the fixing of the fees and expenses of arbitrators and of the ICC itself. ICC arbitrations are conducted by an arbitral tribunal established for each particular case. If the parties have agreed that there is to be a sole arbitrator, they may nominate a suitable person and simply ask the ICC Court to confirm their choice.

Otherwise, the appointment will be made by the ICC Court itself. If the parties have agreed that there should be three arbitrators, each party is entitled to nominate one arbitrator for confirmation by the ICC Court and the third arbitrator will be appointed directly by that Court, unless the parties agree otherwise. If there is no agreement as to the number of arbitrators, the ICC Court will decide whether there should be one or three, the decision depending basically upon the size and nature of the dispute.

The current version of the ICC Rules came into effect on 1 January 2012. These Rules were drawn up after extensive consultation with lawyers and businessmen worldwide. As might be expected, they provide an effective modern code for the conduct of an international arbitration, while still leaving considerable freedom of action to the parties.

There are two particular features which distinguish the ICC Court from other arbitral institutions. First, at the outset of the arbitration, the arbitral tribunal is required to draw up “Terms of Reference”. These set out, amongst other things, the names and addresses of the parties and their representatives, a summary of the parties’ claims, the place of arbitration and, unless the arbitral tribunal considers it inappropriate, a list of the issues to be determined. As well as establishing Terms of Reference, an ICC tribunal will convene a ‘case management conference’: the tribunal and he parties will decide on the measures to be adopted to conduct the arbitration in an expeditious and cost-effective manner, whilst bearing it in mind that the tribunal is under a duty to act fairly and impartially and to ensure that each party has a reasonable opportunity to present its case.

The second distinctive feature of ICC arbitrations is the “scrutiny” of awards. Once an arbitral tribunal

is ready to deliver its award, it submits a draft award for “scrutiny” by the ICC Court. This is an important measure of quality control. The ICC Court does not interfere with the arbitrators’ decision. Indeed, it would be wrong to do so. However, the ICC Court checks the formal correctness of the award, to ensure that it is adequately reasoned, that it deals with all the matters with which it should deal (including interest and costs) and that there are no obvious mistakes, misprints or arithmetical errors.

Since its establishment in Paris in 1923, the ICC Court has become one of the world’s leading arbitral institutions, with arbitrations being conducted all over the world.

1

Landau, Arbitral Lifelines: The Protection of Jurisdiction by Arbitrators in International Arbitration, 2006, Back to Basics? ICC Congress (2007) 282-287.

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The International Chamber of Commerce (the ICC) Company: International Chamber of Commerce UK Name: Chris Southworth Director, ICC UK Email: info@international-chamber.co.uk Web Address: www.international-chamber.co.uk Address: 1st Floor, 1-3 Staple Inn, London, WC1V 7QH, United Kingdom Tel: +44(0)20 7838 9363

The International Chamber of Commerce (ICC) is the world’s largest business organisation with a network of over 6.5 million members in more than 130 countries. We work to promote international trade, responsible business conduct and a global approach to regulation through a mix of advocacy, standard setting and the provision of world class dispute resolution services. As a network, we have over 3000 business experts helping us shape the rules that govern international business. We also have consultative status with the United Nations, a permanent representative based at the UN headquarters in New York and act as the primary business interface to the G20, all of which provides a unique platform to represent the needs of business at the intergovernmental level. Since 1919, the ICC has been a steadfast rallying point for those who believe that strengthening commercial ties between nations is good for peace and shared prosperity.

Founded in 1923, the ICC’s International Court of Arbitration provides the world’s leading dispute resolution service. Since its creation, the Court has administered over 21,000 disputes involving parties from 150 countries. In 2014, there were 790 arbitration requests filed with the Court, involving 2,200 parties from 110 cities across 140 countries and worth $100 billion in trade. Breaking this down further, there were also 57 different seats of arbitration and 79 different nationalities represented by the chosen arbitrators all of which demonstrates the truly global nature of ICC’s work.

The ICC International Centre for Alternative Dispute Resolution has also developed a full range of other dispute resolution services for international commerce based on the ICC Mediation Rules, the ICC Rules for Expertise, the ICC Dispute Board Rules, the DOCDEX Rules for the settlement of disputes arising out of the of documentary instruments.

ICC seeks to promote diversity in its appointment of arbitrators: 30% of ICCs appointments to the Court are now women, mirroring the percentage of women delegates at this year’s ICC Young Arbitrators Forum in London. I can also personally vouch for the extraordinary ethnic diversity of the delegates at the Young Arbitrators Forum. All of this demonstrates that the ICC is leading the way on promoting gender equality and meritocracy in the field and if the Forum is anything to go by, its future is in rude health.

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It should come as no surprise that the UK is a leading centre for arbitration because the UK has one of the deepest pools of arbitral expertise in the world. UK arbitrators are highly regarded and often the preferred choice for foreign businesses seeking neutral, transparent and fair legal representation.

This is particularly so for certain jurisdictions; the Middle East, Africa, Eastern Europe and Russia.

At ICC United Kingdom, we will play our full part in promoting ICC arbitration and dispute resolution services and supporting the health of the sector in the long term. I am proud to announce that we will be launching a new Dispute Resolution Policy Committee over the summer to strengthen the voice and reach of UK arbitrators in shaping global arbitration rules as well as supporting the Court’s activities. We will also be launching a new selections committee to help vet and nominate high quality arbitrators to the Court as well as recruiting a specialist from the field to head up ICCs arbitration work here in the UK. Aside from these activities, we will be doing everything we can to help young arbitrators to break into the sector and promote diversity more broadly.

Finally, ICC UK plays an important role in educating and communicating the facts about international arbitration and how it supports the flow of global trade. The Transatlantic Trade and Investment Partnership (TTIP) negotiations have been a perfect case in point. Investment protection plays a key role in safeguarding international investments and the trade that depends on them, benefiting both producers and consumers. Investment protection has been included in every British investment deal without any damage to consumer protection or undermining UK sovereignty. Despite these facts, the negotiations have attracted an enormous amount of misinformation about the sector and its beneficiaries. There is clearly more to be done to communicate the facts and to inform the public at large.

If you would like to know more about ICC arbitration and dispute resolution services here in the UK or get involved, please email us at info@iccwbo.uk

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Hong Kong’s Legal System Company: Magnusson Name: Paulo Fohlin Email: paulo.fohlin@ magnussonlaw.com Web Address: www.magnussonlaw.com Address: Magnusson in association with Advokatfirman Odebjer Fohlin, Hang Lung House Suite 5B, 184 – 192 Queen’s Road Central, Hong Kong Telephone: +852 3487 4690 (office), +852 6278 8622

In 1984, the governments of the United Kingdom and the People’s Republic of China signed a “Joint Declaration” regarding the handover of sovereignty over Hong Kong to China, which was intended to and subsequently in fact did - take place on 1 July 1997. China declared therein that it had decided to establish a special administrative region in Hong Kong in accordance with the Chinese constitution.

The Joint Declaration contained basic policies on Hong Kong declared by China, which were to be stipulated in a Basic Law of Hong Kong by the National People’s Congress and which were to remain unchanged for 50 years. In 1990, the National People’s Congress adopted the Basic Law with effect from 1 July 1997, thereby implementing and elaborating the policies contained in the Joint Declaration.

According to the Basic Law, under the principle of “one country, two systems”, the socialist system and policies are not practised in Hong Kong and its capitalist economic and trade systems remain unchanged. Hong Kong enjoys a high degree of autonomy and it is vested with executive, legislative and independent judicial power. With a few exceptions, Mainland Chinese laws do not apply in Hong Kong.

The laws in force in Hong Kong before the handover, i.e., the common law, rules of equity, ordinances, subordinate legislation and customary law, are maintained, save for any that contravene the Basic Law and subject to any amendment by the Hong Kong legislature. The Hong Kong courts are free to refer to precedents in other common law jurisdictions. The judicial system is also maintained, with the exception that, following the handover, Hong Kong has its own Court of Final Appeal as a result of Hong Kong being vested with the power of final adjudication. The Basic Law allows the recruitment of judges from other common law jurisdictions and the Court of Final Appeal may as required invite judges from other common law jurisdictions to sit on the Court. In addition to the Chinese language, English is used in, inter alia, the Hong Kong courts.

Hong Kong’s arbitration law As a former British colony Hong Kong has long experience in arbitration. After prior legislation, Hong Kong’s Arbitration Ordinance of 1963 (Cap. 341) was generally based on the English Arbitration Act 1950.

Subsequently, with effect in 1990, Hong Kong was one of the first jurisdictions to adopt the UNCITRAL Model Law on International Commercial Arbitration. In a user-friendly way, the current Arbitration Ordinance (Cap. 609), effective from June 2011, follows the Model Law articles, with any supplements or modifications clearly stated. The 2006 Model Law revisions on interim

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measures (including ex parte preliminary orders) are substantially included in the Ordinance.

Among the Hong Kong additions to the Model Law provisions are: (i) parties’ confidentiality duties concerning the arbitration and the award, (ii) closed court proceedings in arbitration matters and restrictions on publishing information on such court proceedings, (iii) an arbitrator’s power to act as mediator with the parties’ consent and his/her power to continue as arbitrator subsequently to the mediation, (iv) enforceability of tribunal orders or directions (and not only awards), (v) HKIAC acting as default arbitrator appointing authority, (vi) the tribunal’s power to make peremptory orders (according to which non-compliance may result in a tribunal direction that the party is not entitled to rely on any allegation or material which was the subject matter of the peremptory order), and (vii) enforceability (since July 2013) of emergency arbitrator relief.

Institutional arbitration in Hong Kong In addition to ad hoc arbitration conducted under the UNCITRAL Arbitration Rules or under the Arbitration Ordinance only, institutional arbitration is common in Hong Kong. The Hong Kong International Arbitration Centre (HKIAC) (since 1985), the Secretariat of the International Court of Arbitration of the International Chamber of Commerce (ICC) (since 2008) and the China International Economic and Trade Arbitration Commission (CIETAC) (since 2012) all have offices in Hong Kong administering arbitrations. When, in March 2008, the ICC announced its decision to open a branch of the Secretariat in Hong Kong to administer cases in the Asia Pacific Region, the growing importance of the region to ICC dispute resolution services was recognized.

The CIETAC Arbitration Rules of 2015 contain special provisions for arbitrations administered by CIETAC Hong Kong. Unless otherwise agreed, the seat of such arbitrations will be Hong Kong and the Arbitration Ordinance will apply. Importantly, to attract experienced international arbitrators, there are now special provisions on arbitrator fees for CIETAC Hong Kong arbitrations in line with international standards.

Although differences remain, in addition to a common core of fundamental standard rules to similar effect, the ICC Arbitration Rules of 2012, the HKIAC Administered Arbitration Rules of 2013 and the CIETAC Arbitration Rules of 2015 all include provisions on, for instance: (i) emergency arbitrator relief, (ii) initiating a single arbitration under multiple contracts, (iii) joinder of additional parties to an arbitration, (iv)

consolidation of arbitrations, and (v) the institution’s jurisdiction when a jurisdictional issue arises before the constitution of the tribunal.

Different from in ICC arbitrations, in HKIAC and CIETAC Hong Kong arbitrations, the parties may choose between arbitrator fees based on the amount in dispute and fees based on hourly rates. In HKIAC arbitrations, when the parties do not agree, hourly rates apply whereas, in CIETAC Hong Kong arbitrations, fees based on the amount in dispute apply absent a contrary agreement. Hourly rates always apply to emergency arbitrator proceedings in both HKIAC and CIETAC proceedings.

Breaking new ground, in 2014 the HKIAC introduced a model arbitration clause which prompts parties to consider designating the law to govern the arbitration clause as distinguished from the law governing the substantive contract.

Given its track record, with a recently revised Arbitration Ordinance and recently revised institutional rules reflecting best modern practice and institutional innovations, Hong Kong remains an attractive seat for international ad hoc and institutional arbitration.

We spoke to Paulo Fohlin, partner and Head of International Arbitration at Magnusson to find out more about the company.

The full service international law firm, Magnusson mainly advises clients doing business across the Baltic Sea Region and China. With some 200 lawyers at 16 offices in 13 countries around the Baltic Sea and in Hong Kong speaking 16 languages, Magnusson is a truly multicultural firm. About 30 Magnusson

lawyers across the offices have arbitration experience, representing a valuable asset to Magnusson’s International Arbitration offering. The multicultural team is well placed to act in international commercial arbitration as well as investment treaty arbitration in countries where Magnusson is based and at other places for international arbitration. Their experience covers ad hoc and institutional arbitration between parties from numerous countries conducted at various arbitral seats and under different procedural rules and applicable laws. Some Magnusson lawyers also sit as arbitrators, which adds to the team’s experience and boosts its capabilities when it comes to acting as counsel and advisor.

Please confirm your role and give a brief overview of your responsibilities.

Paulo Fohlin is a partner and Head of International Arbitration at Magnusson. Before joining Magnusson in March 2015 and co-founding Odebjer Fohlin in Hong Kong in 2011, he was a long-standing partner at Vinge. He has acted as court litigator and arbitration counsel for more than 25 years and increasingly also sits as an arbitrator. Admitted to the Swedish Bar (Advokat), a foreign lawyer of Hong Kong Law Society and a Chartered Arbitrator (C.Arb), his dispute resolution experience covers a variety of arbitration rules, arbitral seats and industry sectors, and commercial as well as investment treaty cases.

How do you think Magnusson stands out from competitors?

Magnusson has a strong track record in handling cross-border matters, ranging from day to day advice to complex transactions and disputes. For companies with operations in numerous countries, Magnusson serves as a one-stop-shop provider and manager of legal services. No matter how many countries are

involved, Magnusson appoints a senior attorney as one single point of contact coordinating the advice to the client from across its offices. In addition to local language capabilities, Magnusson’s lawyers are familiar with cultural differences which may be of utmost importance when dealing with transactions and disputes.

What have been your biggest and most significant achievements over the past 12 months?

In November 2014, as the first law firm ever, Magnusson won for the third consecutive year the coveted European Law Firm of the Year Award at the British Legal Awards. In March 2015, Magnusson won the award for “Best managed international firm” at The Managing Partners’ Forum Awards for Management Excellence 2015 in association with Harvard Business Review, and the Financial Times.

Magnusson is highly ranked by major directories, including Chambers Global 2015, and The Legal 500 EMEA 2015.

What does the future hold for Magnusson? Do you have any plans for the next 12 months?

Magnusson’s recent expansion to Hong Kong focuses on attracting Chinese investments to the Baltic Sea Region and offers strengthened assistance to companies from the region doing business in China. It also boosts Magnusson’s capabilities within international arbitration. Magnusson will continue to eye other markets connected with countries where Magnusson is already present, provided always that a clear business case has to be made out to justify any expansion.

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Swedish Arbitration A new up-to-date Swedish Arbitration Act on its way…

In April 2015, a Swedish Government Official Report on a partly revised Arbitration Act was presented to the Government (SOU 2015:37). In this article, we briefly describe some of the suggestions that are most relevant to foreign participants in Swedish arbitrations.

Background Historically, Sweden has been a frequently chosen seat of arbitration even in cases where the parties and the subject matter have no connection to Sweden. The reasons for this have mainly been Sweden’s neutrality and long tradition in arbitration, and the long-standing existence of the Arbitration Institute of the SCC, which was early on capable of administering international arbitrations. In addition, Swedish arbitration law has for a long time provided for a flexible procedure, respect for party autonomy, the right of foreign arbitrators and counsels to act in Swedish arbitrations, and the freedom to agree upon the language of the arbitration. The early enforceability of Swedish awards under the 1927 Geneva Convention also helped, and enforceability under the 1958 New York Convention was a must. The availability of commentaries in several languages on Swedish arbitration law should also be mentioned.

The Swedish legislator considered the UNICTRAL Model Law on International Commercial Arbitration when drafting the current Arbitration Act. There are some differences, although they mainly relate to disposition and not substance, and Sweden is not regarded a Model Law country.

Company: Magnusson Name: Paulo Fohlin, Johan Molin, and Rakel Frölich Email: paulo.fohlin@magnussonlaw.com, johan.molin@magnussonlaw.com, rakel.frolich@magnussonlaw.com Web Address: www.magnussonlaw.com Address: Magnusson, Hamngatan 15, P.O. Box 7413, SE-103 91 Stockholm, Sweden Telephone: + 46 8 463 75 00

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However, as fifteen years have now passed since the last revision of the Act, the arbitration community has identified a room for improvements in order to make Swedish arbitration even more attractive.

that country and not to its conflict of laws rules. If the parties did not agree on the applicable law, the arbitrators should decide which law or legal rules that apply, taking particular account of which legal rules the dispute is most closely connected to. Thus, in line with the international trend, a direct method for determining the applicable law is proposed, rather than the traditional indirect method still used in the Model Law which requires that a determination of the applicable conflict or laws rules is first made. The SCC Rules also provide for a direct method, although they point to the “most appropriate” law instead of a close connection test. Like in the Model Law and the SCC Rules, under the proposal, the tribunal may only decide ex aequo et bono if the parties have expressly authorized it to do so.

Appointment of arbitrators in multi-party arbitrations The French Dutco case illustrated a problem that may arise regarding a party’s fundamental right to appoint an arbitrator and equal treatment of parties in cases where there are more than two parties to an arbitration. Like the SCC Rules, many institutional rules address the problem. However, the Swedish Act is silent on this, and it is proposed that a District Court shall appoint all arbitrators if the parties on one side cannot agree on the arbitrator.

Consolidation of arbitrations Also in line with the international trend in institutional rules, it is suggested that consolidation of several arbitral proceedings be possible in limited circumstances.

Enforcement of orders on security for a claim Currently, the Act empowers arbitrators to order security for a claim. However, such orders are not enforceable. It is proposed that the tribunal be empowered to make such enforceable orders in a special award if allowed by the arbitration agreement.

Some proposed changes: The seat of arbitration It is proposed that the term “place” of arbitration be replaced by the term “seat” of arbitration in order to avoid, inter alia, the misunderstanding that this is a territorial concept limiting where hearings, etc., may be held, rather than a concept relating to the applicable arbitration law.

The law applicable to the merits The Act is currently silent on how to determine the law applicable to the substance of the dispute. Mirroring, inter alia, the Model Law and the SCC Rules, it is proposed that a dispute be resolved applying the law or legal rules agreed by the parties. Further, an agreement on application of a certain country’s law should, unless otherwise expressly agreed, be interpreted as a reference to the substantive law of

Court intervention regarding arbitral jurisdiction Presently, as experienced by one of the authors in an investment treaty case, during or before an arbitration, a party may bring a positive or negative declaratory action on arbitral jurisdiction before a District court, provided that the requirements on declaratory actions of the Code of Judicial Procedure are met. Such action does not affect the arbitrators’ power to commence and/or continue the arbitral proceedings and render an award. However, it may cause delay and result in issues concerning parallel court proceedings when the tribunal’s ruling is also challenged in court proceedings under the Arbitration Act. It is proposed that the possibility to bring declaratory court actions regarding arbitral jurisdiction be limited if the arbitrators have ruled on the matter and that any party dissatisfied with such ruling be entitled to request an examination directly by the Appeal

court, without prejudice to the arbitrators’ power to continue the arbitration.

Setting aside proceedings Among amendments suggested to the provisions concerning setting aside of awards, one feature is of particular interest to foreign parties, namely a possibility to use English as the language of the court proceedings. This would of course facilitate the participation of foreign lawyers in the proceedings and ease up the burden to translate documents.

Moreover, rules are suggested with the aim to speed up the challenge procedure.

Comment Overall, as demonstrated by the long-standing Swedish caseload in ad hoc and institutional arbitration, the Swedish Arbitration Act has been satisfying from a practitioner’s viewpoint. Regardless, in the rapidly developing and changing global landscape of international arbitration, fifteen years is quite a long time and no one can rest on one’s laurels. The proposed revision is therefore welcome and the fact that it has taken such a practical perspective in seeking improvements and making the law more transparent from a foreign point of view is promising to Sweden’s continued standing as seat for international arbitrations. Hopefully, the proposal will soon result in a Government Bill to similar effect.

The full service international law firm, Magnusson mainly advises clients doing business across the Baltic Sea Region and China. With some 200 lawyers at 16 offices in 13 countries around the Baltic Sea and in Hong Kong speaking 16 languages, Magnusson is a truly multicultural firm. About 30 Magnusson lawyers across the offices have arbitration experience, representing a valuable asset to Magnusson’s International Arbitration offering. The multicultural team is well placed to act in international commercial arbitration as well as investment treaty arbitration in countries where Magnusson is based and at other places for international arbitration. Their experience covers ad hoc and institutional arbitration between parties from numerous countries conducted at various arbitral seats and under different procedural

rules and applicable laws. Some Magnusson lawyers also sit as arbitrators, which adds to the team’s experience and boosts its capabilities when it comes to acting as counsel and advisor.

Paulo Fohlin is a partner and Head of International Arbitration at Magnusson. Before joining Magnusson in March 2015 and co-founding Odebjer Fohlin in Hong Kong in 2011, he was a long-standing partner at Vinge. He has acted as court litigator and arbitration counsel for more than 25 years and increasingly also sits as an arbitrator. Admitted to the Swedish Bar (Advokat), a foreign lawyer of Hong Kong Law Society and a Chartered Arbitrator (C.Arb), his dispute resolution experience covers a variety of arbitration rules, arbitral seats and industry sectors, and commercial as well as investment treaty cases.

Johan Molin is a partner and Head of Dispute resolution at Magnusson Sweden. Before joining Magnusson in April 2012, he was a junior judge in the Stockholm District Court and then the Svea Court of Appeal, and subsequently in private practice as a lawyer at Swedish firm Wistrand. Focusing on international arbitration, he has 15 years of experience as adviser and counsel in dispute resolution matters in a wide variety of industry sectors. Admitted to the Swedish Bar (Advokat), he is a member of the Swedish Arbitration Association. He earned his LL M in Sweden at Stockholm University Faculty of Law in 2000 and has also studied law at Birmingham University School of Law, England.

Rakel Frölich is an associate and dispute resolution lawyer at Magnusson’s Stockholm office. Specialising in arbitration and litigation, she is also involved in banking and finance as well as commercial, corporate and transactional work. Prior to joining Magnusson in 2011, she served as a junior judge and law clerk at the Borås District Court for 1.5 years.

She earned her LL M in Sweden at Uppsala University Faculty of Law in 2009 and has also studied law in Germany at the Albert Ludwigs University of Freiburg.

Magnusson has a strong track record in handling cross-border matters, ranging from day to day advice to complex transactions and disputes. For companies with operations in numerous countries, Magnusson serves as a one-stop-shop provider and manager of legal services. No matter how many countries are involved, Magnusson appoints a senior attorney as one single point of contact coordinating the advice to the client from across its offices. In addition to local language capabilities, Magnusson’s lawyers are familiar with cultural differences which may be of utmost importance when dealing with transactions and disputes.

In November 2014, as the first law firm ever, Magnusson won for the third consecutive year the coveted European Law Firm of the Year Award at the British Legal Awards. In March 2015, Magnusson won the award for “Best managed international firm” at The Managing Partners’ Forum Awards for Management Excellence 2015 in association with Harvard Business Review, and the Financial Times.

Magnusson is highly ranked by major directories, including Chambers Global 2015, and The Legal 500 EMEA 2015.

Magnusson’s recent expansion to Hong Kong focuses on attracting Chinese investments to the Baltic Sea Region and offers strengthened assistance to companies from the region doing business in China. It also boosts Magnusson’s capabilities within international arbitration. Magnusson will continue to eye other markets connected with countries where Magnusson is already present, provided always that a clear business case has to be made out to justify any expansion.

AI Guide to Arbitration 2015 15

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Severson & Werson Celebrates 70 Years of Insuring Client Satisfaction

Company: Severson & Werson Name: Michael B. Murphy Email: mbm@severson.com Web Site: www.severson.com Address: One Embarcadero Center, 26th Floor, San Francisco, CA 94111 Telephone: (415) 398-3344

Celebrating the 70th anniversary of the firm, we take this opportunity to highlight Severson & Werson’s Insurance Practice. Everything we do in our global insurance practice—from the hand’s-on personal service and the results we achieve, to the recognition our clients and indeed the industry give us, is the result of a team-oriented & collaborative effort. Our Insurance Practice Group handles matters throughout the United States for our international and domestic insurer clients arising from situations occurring domestically and throughout the world. The Severson & Werson attorneys our clients interface with are the same professionals who do the actual work. This has proven to enhance the close relationship we have with our insurer clients and indeed their policyholders, who we routinely defend.

Our approach has always been one of efficiency without sacrificing quality, hard work, round-theclock availability and the highest of ethics. Whether it be an insurer from the U.S., Lloyds of London, the greater London Market, the European Market, Bermuda/Offshore Markets, the PRC or the greater Asia-Pacific Insurance Market, we strive to present each client with the same quality and responsiveness, regardless of location or time zone.

Our insurance defense attorneys are seasoned trial attorneys who litigate in all state and Federal Courts in California and act as supervisory litigation counsel throughout the United States. They represent not only insurers in coverage –related matters but also insureds in straight forward as well as extremely complex claims, ranging from professional liability, environmental, construction, product liability to energy, employment and broad–based casualty.

In addition to the Insurance Practice Group, the attorneys in firm’s dedicated Financial Services and Construction Practice Groups, (ref: www.severson. com) are nationally recognized for their respective expertise and dedication to the broad based legal services our clients have come to expect.

Focused Expertise For many years, the firm has been an integral part in the growth and health of the modern financial services and insurance industries. Our clients in these areas include banks, thrifts, consumer and automobile finance companies, mortgage bankers, and domestic and foreign insurance companies.

Client demands and opportunities have led the firm to expand into and excel in many areas beyond these historical core practices. As a result of its services to financial institutions, Severson has developed depth and expertise in consumer class action litigation unsurpassed by any other firm of any size. Similarly, Severson’s historical insurance practice led the firm to develop one of the premier construction practices in California, focused on the representation of architects,

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engineers, construction managers and environmental professionals. Similar client demands have led to Severson & Werson’s expertise in areas such as employment practices, real estate, legal malpractice defense, professional liability and other areas.

Trial Skills Our aim is not to litigate but to resolve, to bring the matter to the swiftest, surest and most successful result possible. In this era of high stakes and early settlements, real trial skills are becoming increasingly rare. Not so at Severson, where there is an extraordinary wealth of trial experience. As a result, all Severson clients can feel comfortable that if the need arises, they have the legal team necessary to see a matter through the most complicated of trials.

For Severson clients, settlement is always a strategic and financial option and not a necessity. Severson’s strategic use of law and motion and appellate practices also often resolves matters favorably without the necessity of a trial.

Severson attorneys have also been at the forefront of alternatives to courtroom trials. Severson attorneys have an extensive range of experience in alternative resolution tools such as mediation, arbitration, mini-trial, and third party evaluators. When these tools make strategic and financial sense Severson attorneys are well prepared to employ them.

Locations Attorneys are Admitted to Practice Severson & Werson attorneys are admitted to practice in the following states: California, Colorado, Connecticut, District of Columbia, Hawaii, Indiana, Louisiana, Montana, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, and Washington.

Strategic Advice & Advocacy Finally, Severson recognizes that litigation is only one component of the legal support necessary to serve its clients. Severson takes great pride in its collective ability to listen to clients and provide the strategic and responsive advice which can often avoid litigation. As a result, Severson has become a trusted advisor and counselor to many of its clients as they chart their respective business plans. Financial services firms, insurance companies, professional firms, real estate companies, and many others have all come to count on Severson for practical and straightforward advice serving the immediate and long term interests of the client. In many areas such as real estate, employment practices, and construction, this strategic advice takes its final form in the drafting and negotiation of corporate documents and agreements integral to the success of our clients.

AI Guide to Arbitration 2015 17

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The Firm MADUMERE & MADUMERE Company: MADUMERE & MADUMERE Name: Chikwendu Madumere Web Site: www.madumereandco.com Address: 79, Adetokunbo Ademola Crescent, Wuse 2, Abuja, 234, Nigeria Telephone: +2348033303677

The firm was established in 1993 with the coming together of Legal Practitioners with a shared vision, varied expertise and training in International Trade Law, Arbitration (Domestic and International), Commercial Mediation and ADR; Insolvency Practice, Oil and Gas Law, Maritime Law, Taxation, Capital Market, Commercial Litigation, Telecommunication Law, Negotiation and Documentation of Local and International contracts, Immigration, Diplomatic and Consular Law. The Managing Partner and Co-founder of the law firm is Chikwendu Madumere, has been in active legal Practice since 1991. He belongs to a number of Professional Bodies and Associations including:Maritime Arbitrators Association of Nigeria, Chartered Institute of Taxation Nigeria, Nigeria Bar Association, Commonwealth lawyers Association, International Bar Association, National Committee of the International Chamber of Commerce, Registered by the Securities and Exchange Commission as a Capital Market Solicitor. He is also a Fellow of the Chartered Institute of Arbitrators (UK).

Their goal is to provide quality legal services.

What they do: • International Trade Law • Taxation Law • Capital Market • Commercial Litigation • Telecommunication Law • Oil and Gas Law • Maritime Law • Immigration Law • Insolvency Practice • Diplomatic and Consular Law • commercial Mediation • Arbitration (domestic and International • Negotiation and Documentation of Local and International Contracts

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Managing Partner & Co-founder.

Chikwendu Madumere a 1990 Law Graduate of the Obafemi Awolowo University Ile-Ife with Second Class Honours (Upper Division).

Whilst at the University he won the following prizes:1. CHIEF E.A.O. SHONEKAN prize for Best Student in Commercial Law 2. PRINCE BOLA AJIBOLA prize for Best Student in Commercial Law 3. GODWIN ADOKI Memorial prize for Best Student in Land Law 4. Best Student in Administrative Law He was called to the Nigeria Bar in December, 1991 having passed his Bar Examination with Second Class Honours (Upper Division) thereafter, he also took a Post Graduate Diploma in Financial Management from the Abubakar Tafawa Balewa University, Bauchi.

In addition he was one of the delegates of the Chartered Institute of Arbitration (UK) that undertook a training course in International Commercial Arbitration at Keble College Oxford University in 2009, and he thus obtained a Diploma in International Commercial Arbitration.

He is currently the second vice chairman of the Abuja chapter, Chartered Institute of Arbitrators.

He is currently pursuing by distance learning his Master’s Degree in Petroleum Law and Policy at the CEPMLP, University of Dundee, Scotland.

He is also a fellow of the Chartered Institute of Arbitrators with significant experience in Domestic and International Arbitration.

AI Guide to Arbitration 2015 19

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Avocat au Barreau de Paris Company: Avocat au Barreau de Paris

Among all international arbitration centres, Paris uniquely satisfies the criteria that define a legally secure and user-friendly seat for international arbitration.

Choosing Paris as the seat for your arbitration will help ensure the success of your proceedings. The courts in Paris are well versed in arbitration-related matters, and French laws relating to arbitration encourage minimal court interference in arbitral proceedings. The professionals working in Paris are passionate about arbitration and have outstanding know-how and expertise in the field. Therefore, has all the logistic advantages that a large, modern capital can offer.

With such a large share of international arbitrations being conducted in France, it is not surprising that arbitration in France has taken on a very international flavour. Indeed, many of the arbitrations held in France are conducted by lawyers of various nationalities, based in Paris or elsewhere, before arbitrators of still different nationalities and places of residence, and in languages other than French - mostly but not exclusively English. Typically, some discovery is allowed - although depositions are rare - and witnesses are examined as they would be in common law proceedings. The fact that these techniques are not generally available before French courts does not deter arbitrators, irrespective of their own legal backgrounds, from routinely using such means of gathering evidence.

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The French courts have also played an important role in encouraging international arbitration in France by establishing a solid tradition of judicial non-interference in the arbitral process. Provided there is a prima facie arbitration agreement, French courts will insist, if need be, in the establishment of the arbitral tribunal and leave it to the arbitrators to determine the existence and extent of their jurisdiction. No court interference whatsoever will occur during the course of the arbitral process. At the action to set aside or enforcement stage, the award will be scrutinized only by reference to five limited grounds, all of which are narrowly construed.

Finally, the existence of a longstanding and very active international legal community, as well as the location of the ICC headquarters in Paris since 1923, significantly contributed to the development of a strong international arbitration practice in France.

AI Guide to Arbitration 2015 21

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Company: McDermott Will & Emery Web: www.mwe.com Email: contactus@mwe.com Address: 23 rue de l’Université 75007 Paris, France Telephone: +33 1 81 69 15 00

McDermott Will & Emery McDermott Will & Emery’s International Arbitration Group regularly represents U.S. and non-U.S. clients in international arbitrations around the globe. Our lawyers are dedicated to forging creative and efficient solutions to all types of transnational commercial disputes. Experience McDermott’s International Arbitration Group is comprised of an integrated team of lawyers spread across three continents. Whether in North America, Europe, China or elsewhere, our lawyers are able to provide coordinated solutions to the most complex cross-border disputes.

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International Arbitration - The group has extensive experience resolving international commercial disputes under the rules of all the major international arbitration institutions. We have a substantial track record both prosecuting and defending against international arbitration claims.

Investor State Arbitrations - We have extensive experience representing both States and private entities in proceedings under bilateral investment treaties (BITs), multilateral investment treaties and free trade agreements, whether administered by ICSID or ad hoc under the UNCITRAL rules. We regularly advise States on treaty policies and BIT programs, and we regularly advise private sector clients on investment planning, structuring and political risk management. Our lawyers are familiar with work for public administration and sensitive to key legal and political governmental concerns ensuing from international arbitration cases.

Litigation in Aid of International Arbitration - The group also regularly prosecutes and defends against litigations related to international arbitration, including actions to compel arbitration, actions to enforce arbitral awards and actions for injunctive relief in aid of international arbitration.

Our lawyers are no strangers to the courtroom and they are prepared to seek judicial relief if resorting to the courts is necessary to the success of an international arbitration.

Drafting of International Arbitration Clauses – The group routinely coordinates with McDermott’s transactional lawyers to help negotiate and draft the most effective and protective arbitration clauses for our clients’ international contracts.

Our lawyers are familiar with all of the provisions required to make an international arbitration clause not only enforceable, but also practical and workable, in case a dispute arises. Our goal is to structure international arbitration clauses in a manner that provides our clients with maximum leverage in case an arbitration arises.

Experience Under All the Leading International Arbitral Institutions and Rules Our lawyers have experience resolving international commercial disputes under all of the major international arbitration institutions and rules, including: • International Chamber of Commerce (ICC) • London Court of International Arbitration (LCIA) • American Arbitration Association/International Centre for Dispute Resolutions (ICDR) • Stockholm Chamber of Commerce (SCC) Industry Experience • Singapore International Arbitration Centre (SIAC) • Hong Kong International Arbitration Centre (HKIAC) • China International Economic and Trade Arbitration Commission (CIETAC) • UNCITRAL Rules of Arbitration We also have extensive experience representing both investors and state parties in disputes arising under bilateral and multilateral investment treaties, including arbitrations under the rules of the International Centre for the Settlement of Investment Disputes (ICSID).

Accolades • Included in the “GAR 100” in 2013, Global Arbitration Review’s prestigious ranking of the top 100 international arbitration law firms in the world.

GAR’s editors noted a number of significant victories by the Firm’s international arbitration attorneys, and also noted praise that it received from its interviews with McDermott’s clients.

• The Legal 500 Europe, Middle East & Africa (EMEA) 2014 ranked McDermott in the area of “Dispute Resolution: International Arbitration” in France and Germany.

• Chambers Global 2013 ranked our International Arbitration partners in the United States and Germany as leading individuals.

Why Choose McDermott Will & Emery for International Arbitration?

We do not approach international arbitration as an academic exercise. As soon as a dispute arises, we work side-byside with our clients to analyze the strength of their claims and defenses in conjunction with their economic imperatives. We provide our clients with unvarnished advice that does not over-promise results. We seek to tailor an arbitration strategy that is determined by reality rather than wishful thinking.

Mindful of the cost of arbitration, we avoid over-lawyering a case, and we never lose focus on the possibility of early resolution through settlement.

Further, our experience in conducting arbitration means that we are able, within the framework of any relevant institutional rules and applicable procedural laws, to identify the procedures that best suit our clients’ interests. Where appropriate, we partner with local counsel in other jurisdictions to ensure that our clients’ needs and interests are fully addressed in the most comprehensive manner.

When an international arbitration requires full firepower, we do not hesitate to use it and aggressively advocate for our clients. On the other hand, if a more subtle approach is required, perhaps because of cultural sensitivities, we adjust our approach accordingly.

Whichever path is required, our global team distinguishes itself from many other firms by its singular focus on clients’ business needs and an ability to translate that perspective into creative legal solutions. For McDermott, international arbitration is not just about scoring points against an opposing legal team on an inevitable march to a final hearing; rather, it is about partnering with our clients to achieve results that are consistent with their business goals and objectives.

AI Guide to Arbitration 2015 23

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Ingenieursozietät

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Company: Ingenieursozietät

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Without land, the building is not

Hermann Korbion (Judges and mastermind of private building law from 1926 to 1999) This principle applies to every building, whether highrise building, industrial construction, civil engineering structure, dump, dam, bridge, tunnel or a family house.

• We do everything to ensure your building has a secure foundation.

Ingenieursozietät is an internationally operating engineering company that operates in the field of geotechnical and geothermal. All partners and employees are experts, all of which are very experienced in their field of work.

Advice The companies consulting activities refer to all specified fields of activity for existing and newly planned projects including the following areas: • Sifting through the documents handed over to us about the project (possibly existing prior evaluations, assessments, plans, maps, etc.)

• Site visits, discussions with building owners, neighbours, authorities • Obtaining the missing information with client, authorities, etc.

• complete planning of the necessary foundation

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and civil engineering projects: planning, tendering, tender evaluation and independent quality and cost-benefit assessment of the services offered Defining the study program (field and laboratory experiments) Identification of foundation types and renovation concepts in structural damage, contaminated sites, etc.

Manufacture of Bauhilfsmaßnahmen as dewatering, excavation, earthworks Specifying relevant to the project specialist companies, contacts and negotiations with the same included, Price examination and award Author’s supervision Ongoing advice in connection with the construction or renovation Monitoring Create the necessary documentation / (test) reports/opinions Carrying out research and development projects in the fields of soil mechanics, rock mechanics, foundation soil, structural interaction, environmental geotechnics, earthworks, foundations, Skyscraper foundations, excavation, tunneling, dam construction, pond construction, groundwater management, landfill, contamination, damage analysis

Planning/calculations Planning and dimensioning of foundations (special area skyscraper ups), design and calculation of pits (special area Deep excavation in an urban location, keyword-cover method), stability calculations for embankments, slope failure and shear failure, deformation prediction using the finite element method, explosion protection expertise for sewers, low side planning and dimensioning of geothermal plants.

Supervision Monitoring of civil engineering measures, monitoring of construction projects as Deep excavation / Hochäusern within the meaning of Bebachtungsmethode according EC7, monitoring of soil and Bauwerrksverformungen, monitoring of drainage measures.

Research and Development The current valid standards and guidelines are put in place by the large number of complex projects that are always critical in regards to the examination and questioning for the benefit of customers.

Apart from the usual routine calculations and stability analyses the Ingenieursozietät also develops its own proof concepts to master complex issues.

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We at Mckinney, Bancroft & Hughes are committed to delivering high quality, expert legal services in accordance with internationally recognized best practices at reasonable costs. Our experienced and specialist lawyers are focused on achieving sensible and workable solutions to legal problems. Apart from criminal law, we are a full service law firm whose lawyers work through Practice Areas thereby guaranteeing high levels of competence and specialization.

McKINNEY , BANCROFT & HUGHES is one of the largest and oldest firms in The Bahamas and conducts an extensive international and domestic practice from its offices in the cities of Nassau and Freeport.

E-mail: nassau@mckinney.com.bs freeport@mckinney.com.bs

www.mckinney.com.bs