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Contents

Part I The Essentials 1Chapter 1Finding the Right Lawyer for the Job Overseas 3Raquel A. Rodriguez

Chapter 2Communicating Effectively with Foreign Clients and Lawyers 17Barton Legum

Chapter 3Litigation in the Civil Law and the Common Law: The Basics 21George Bermann

Chapter 4Transnational Litigation and Professional Ethics 31Detlev Vagts and Catherine Rogers

Chapter 5Introducing Foreign Clients to U.S. Civil Litigation 43Donald Francis Donovan and Jeffrey S. Jacobson

Part II Strategy and Practice in Transnational Litigation 51Chapter 6Finishing Before You Start: International Mediation 53Michael McIlwrath and Elpidio Villarreal

Chapter 7Where to Sue: Finding the Most Effective Forum in the World 61Louise Ellen Teitz

Chapter 8Provisional Measures in Cross-Border Cases 81Jonathan I. Blackman

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iv CONTENTS

Chapter 9Strategies for Defending Foreign Defendants in Cross-Border Litigation 93Kenneth B. Reisenfeld

Chapter 10Anti-Foreign-Suit Injunctions 113José I. Astigarraga and Christopher C. Kokoruda

Chapter 1112 Rules for Obtaining Evidence from Abroad 127Glenn P. Hendrix and J. Tucker Barr

Chapter 12A Practitioner’s Guide to Enforcement of Foreign Country Money Judgments in the United States 161Edward H. Davis Jr. and Annette Escobar

Appendix 12-AUniform Foreign Money-Judgments Recognition Act 185

Appendix 12-BState Enactments of the Uniform Foreign Money-Judgments Recognition Act 187

Appendix 12-CState Enactments of the Uniform Foreign-Money Claims Act 189

Appendix 12-DUniform Foreign-Country Money Judgments Recognition Act 191

Part III Special Problems and Tribunals 195Chapter 13When to Arbitrate Rather Than Litigate 197Carolyn B. Lamm and Eckhard R. Hellbeck

Chapter 14International Commercial Arbitration: A Primer for U.S. Litigators 215David W. Rivkin and Christopher K. Tahbaz

Chapter 15Investment Treaty Arbitration: An Option Not to Be Overlooked 231Barton Legum

Chapter 16Suing for Torture 239Beth Stephens

Chapter 17The Long Arm of the Law 255James E. Johnson

Appendix 17-ACountries with Active Extradition Treaties with the United States 271

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Chapter 18Attorney-Client Privilege in the International Sphere 273Ethan Berghoff and Kate Ó Súilleabháin

Chapter 19The Foreign Corrupt Practices Act: An Overview 293Theodore Edelman and Jason de Bretteville

Chapter 20Practice before the International Court of Justice 331Dr. Pieter H. F. Bekker

Chapter 21Litigation in the European Court of Human Rights 349Helen Mountfield

Chapter 22The First Decade of the International Criminal Court 367David Stoelting

Index 383

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vii

About the Editors

Barton Legum is a partner in Dentons’ Paris office and head of the European leg-acy firm’s investment treaty arbitration practice. Mr. Legum has over 25 years’ experience in litigating complex cases and has argued before numerous interna-tional arbitration tribunals, the International Court of Justice, and a range of trial and appeals courts in the United States. His practice focuses on international arbi-tration and litigation in general and arbitration under investment treaties in partic-ular. From 2000 to 2004, Mr. Legum served as chief of the North American Free Trade Agreement (NAFTA) Arbitration Division in the Office of the Legal Adviser, United States Department of State. In that capacity, he acted as lead counsel for the United States government defending over $2 billion in claims submitted to arbitra-tion under the investment chapter of NAFTA. The United States won every case decided under his tenure. Mr. Legum is the chair of the Section of International Law of the American Bar Association, an international bar organization with over 24,000 members from over 90 countries around the world. He also chairs the Exec-utive Committee, the Council, and the Administration Committee of this Section. He served as chair-elect from 2011 to 2012, vice-chair from 2010 to 2011, finance offi-cer from 2008 to 2010, programs officer from 2006 to 2008, chair of the Section’s Disputes Division from 2004 to 2006, and as cochair of the Section’s International Litigation Committee from 1999 to 2003. He also has served as an officer of the Mediation Committee of the International Bar Association, where he oversaw the development of new rules for investor-state mediation.

Theodore Edelman is a partner of Sullivan & Cromwell LLP and a member of the firm’s Litigation Group. He divides his time between the firm’s offices in New York and London. He has represented both U.S. and non–U.S. corporate clients in a wide variety of litigation and regulatory matters, including matters relating to antitrust, commercial contracts, commercial banking, corporations and securities, insurance and annuities, intellectual property, mergers and acqui-sitions, white-collar criminal investigations, and prosecutions and investigations by the U.S. Securities and Exchange Commission, New York Stock Exchange, the Financial Industry Regulatory Authority, U.S. Federal Trade Commission,

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viii ABOUT THE EDITORS

U.S. Department of Justice, Federal Reserve Bank of New York, Commission of the European Communities, the offices of the attorney general of various states of the United States, and the banking, corporate, securities, and competition regulators in various other jurisdictions.

Ethan A. Berghoff is a partner in Baker & McKenzie LLP’s Chicago office, spe-cializing in international arbitration and international litigation. Mr. B erghoff has represented U.S. and non–U.S. entities in a wide variety of disputes in litiga-tion before the U.S. state and federal courts and in international arbitration before various arbitral authorities around the world. Mr. Berghoff ’s practice also regularly involves counseling international entities regarding strategies for mini-mizing the disputes-related risks of ongoing and planned activities, with a par-ticular focus on international arbitration.

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ix

José I. Astigarraga, a shareholder with the Miami-based law firm of Astigarraga Davis, focuses his practice on international litigation and arbitration, represent-ing multinational companies in international business disputes. Described by Chambers Global Guide to the World’s Leading Lawyers as “a major figure for Latin American litigation and arbitration [who] represents large U.S., European and South American corporations,” he has handled a variety of international disputes in 30-plus years of practice. Mr. Astigarraga litigates cases in U.S. courts and arbi-tral tribunals and oversees litigation abroad. He was one of the ten Americans first appointed by the U.S. government to advise the NAFTA Commission on international arbitration and dispute resolution. He is a vice president of the Lon-don Court of International Arbitration. By appointment of the U.S. Department of State, Mr. Astigarraga served as an expert at the Organization of American States’ Sixth Interamerican Conference on Private International Law. As a consul-tant to the World Bank on legal reform issues, he coauthored An Assessment of Latin American Insolvency Systems, published by the World Bank. He is the chair of the Americas’ Initiative of the Institute for Transnational Arbitration and a mem-ber of the Executive Council of the American Law Institute, publishers of the Restatements of Law. The views expressed in his chapter are those of the authors and do not necessarily ref lect the views of the firm or its clients.

J. Tucker Barr is an associate with Arnall Golden Gregory LLP.

Pieter H.F. Bekker holds the Chair in International Law within the University of Dundee’s Centre for Energy, Petroleum, and Mineral Law and Policy and is a part-ner in the International Arbitration Group at Steptoe & Johnson LLP in Brussels, Belgium. A member of the New York Bar, Professor Bekker holds basic and doc-toral degrees in international law from Leiden University, The Netherlands, and a master of laws degree from Harvard Law School (Fulbright grant). He served as a staff lawyer for the International Court of Justice (ICJ) (1992–1994) and subse-quently was involved as counsel in both contentious and advisory proceedings before the ICJ, most recently as counsel to the International Fund for Agricultural

About the Contributors

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x ABOUT THE CONTRIBUTORS

Development. He serves as ICJ reporter and media contact for the American Society of International Law and chairs the Committee on Intergovernmental Settlement of Disputes within the American Branch of the International Law Association. Professor Bekker has authored or edited (or coedited) several books, including The Legal Position of Intergovernmental Organizations—A Functional Necessity Analysis of Their Legal Status and Immunities (Martinus Nijhoff Publishers/T.M.C. Asser Instituut, 1994), Commentaries on World Court Decisions (1987–1996) (Martinus Nijhoff Publishers, 1998), World Court Decisions at the Turn of the Millennium (1997–2001) (Martinus Nijhoff Publishers, 2002), and Making Trans-national Law Work in the Global Economy: Essays in Honour of Detlev Vagts (Cam-bridge University Press, 2010). In addition, he is the author of numerous articles and notes on issues of international law and dispute resolution.

George Bermann is Walter Gellhorn Professor of Law and Jean Monnet Profes-sor of European Union Law at Columbia University School of Law, New York City; director of the Columbia Center for International Commercial and Invest-ment Arbitration; and professeur affilié of the School of Law of Sciences Po (Paris). He is also currently chief reporter of the American Law Institute’s Restate-ment of the U.S. Law of International Commercial Arbitration; editor-in-chief of the American Review of International Arbitration; member of the Governing Board of the ICC International Court of Arbitration; chair of the advisory board of the New York International Arbitration Center (NYIAC); president of the Interna-tional Academy of Comparative Law; and past president of the American Society of Comparative Law. Professor Bermann has authored or edited (or coedited) numerous recent books, including Transnational Litigation; Mandatory Rules of Law in International Arbitration; EU Law: Cases and Materials; WTO Law: Cases, Texts & Materials; Party Autonomy: International and Constitutional Limitations in Comparative Perspective; Law and Governance in an Enlarged European Union; and Transatlantic Regulatory Co-operation: Legal Problems and Political Prospects. Besides teaching at Columbia Law School, Professor Bermann teaches international arbi-tration at Georgetown Law Center (Washington, D.C.) and the MIDS Program in Geneva. Professor Bermann received his J.D. degree from Yale.

Jonathan I. Blackman is a partner of Cleary Gottlieb Steen & Hamilton LLP, resident in the firm’s New York and London offices. Mr. Blackman’s practice focuses on litigation with an emphasis on international litigation and arbitration. He has participated in numerous international arbitrations involving both public international law and complex commercial disputes, litigation involving the immunity of foreign states and their agencies under the U.S. Foreign Sovereign Immunities Act, and securities and commercial litigation in a variety of U.S. fed-eral and state courts. Mr. Blackman received a J.D. degree, magna cum laude, from Harvard Law School in 1977 and an undergraduate degree, magna cum laude, from Harvard College in 1974. His recent publications include “Class Action Arbitration Opinions Focus on Party Autonomy” (New York Law Journal, Aug. 19, 2013), “Tackling Class Action Waivers in Arbitration Clauses” (New York Law Journal, June 11, 2012); “Evidence in International Arbitration: Practical and

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About the Contributors xi

Tactical Considerations” (Quaderni dell’Arbitrato, 2011); “The Evolution of Modern Sovereign Debt Litigation: Vultures, Alter Egos, and Other Legal Fauna” (Law and Contemporary Problems, Fall 2010) (coauthored with Rahul Mukhi); and a chap-ter of the American Arbitration Association Handbook on International Arbitration and ADR (2d edition), titled “Respecting Awards Annulled at the Seat of Arbitration: The Road from Chrom-alloy to TermoRio.”

Jason de Bretteville is chair of Stradling Yocca Carlson & Rauth’s white-collar defense and government investigations practice. Mr. de Bretteville has conducted numerous foreign and domestic investigations, many of which were related to the Foreign Corrupt Practices Act; he has provided anticorruption advice and due diligence in connection with international acquisitions; and he has assisted in the design and implementation of anticorruption policies and programs. Mr. de Bretteville also has represented financial institutions, technology companies, consumer goods manufacturers, oil and gas concerns, and other companies in a wide variety of complex business disputes and securities litigation matters. Mr. de Bretteville served as an assistant U.S. attorney in the Central District of Cali-fornia from 2001 through 2006, after clerking for Chief Judge Vaughn R. Walker, U.S. District Court for the Northern District of California.

Edward H. Davis Jr. is a founding shareholder of the international law firm Asti-garraga Davis in Miami. He heads the firm’s asset recovery and financial fraud group, which represents victims of serious fraud and grand corruption, including governments, corporations, insolvency practitioners, and individuals by investi-gating and prosecuting civil fraud and asset recovery actions. He has pursued assets in jurisdictions across the globe, including the Caribbean, Latin America, Switzerland, and Liechtenstein. Mr. Davis is also a certified fraud examiner, a member of the International Association of Financial Crime Investigators, and a member of the World Bank’s International Corruption Hunters Alliance. He is past chair of the Florida Bar International Law Section and a member of the Anti-Corruption, International Litigation, and Inter-American Law committees of the International Law Section of the American Bar Association; he also currently serves as the inaugural chair of the Asset Recovery Sub-Committee of the Anti-Corruption Committee of the International Bar Association; and he is a leading member of the FraudNet Network. Mr. Davis sits on the advisory board of Off-shore Alert and assisted in drafting the examination for the Certified Specialist in Asset Recovery certification. He was the recipient of the Florida Bar G. Kirk Haas Humanitarian Award for organizing aid to Haitian victims of the 2010 earth-quake. In 2013, Mr. Davis was voted by his peers as the Asset Recovery Lawyer of the Year by Who’s Who in Asset Recovery Lawyers. Lastly, Mr. Davis serves as the co-general counsel to the Joint Liquidators of Stanford International Bank and as counsel to the government of Trinidad & Tobago in the Piarco Airport corrup-tion case.

Donald Francis Donovan is co-head of the international disputes practice at Debevoise & Plimpton LLP, where he concentrates his practice in international

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xii ABOUT THE CONTRIBUTORS

disputes before U.S. courts, international arbitration tribunals, and international courts. Based on surveys of other practitioners, Chambers Global 2013 recently identified him as one of the eleven leading international arbitration practitioners and five leading public international lawyers in the world, and he is similarly ranked in other publications. He has argued before the International Court of Justice, the U.S. Supreme Court, international arbitration tribunals constituted under both treaty and contract in venues throughout the world, and other fed-eral and state courts throughout the United States. He regularly sits as arbitrator in ICC, ICDR, ICSID, and other cases. Mr. Donovan currently serves as president of the American Society of International Law and on the Secretary of State’s Advisory Committee on International Law. He served from 2000 to 2005 as chair of the Institute for Transnational Arbitration; served two terms as vice-president of the International Council for Commercial Arbitration (ICCA) and remains a member of its Governing Body; and has long served on the Board of Human Rights First and as chair of its Litigation Committee. He teaches international arbitration and international investment law and arbitration at the New York University School of Law. Mr. Donovan joined Debevoise after serving as law clerk to Associate Justice Harry A. Blackmun of the U.S. Supreme Court and as legal assistant to Judge Howard M. Holtzmann of the Iran-U.S. Claims Tribunal.

Annette C. Escobar is a shareholder at Astigarraga Davis, where she has prac-ticed since the firm’s inception. Ms. Escobar focuses her practice on the represen-tation of corporate and institutional victims of fraud, including international insolvencies, throughout the world. She currently instructs international banks and government institutions and counsels the Stanford International Bank Ltd. liq-uidators in the transnational recovery of proceeds of the second-largest Ponzi scheme in history. Recognized as a “Top Up & Coming Attorney” by Florida Trend’s Florida Legal Elite, she has extensive experience in representing individuals and cor-porate entities in financial fraud matters, insolvencies under the UNCITRAL model law, and international business disputes arising from Latin American and Caribbean operations, as well as enforcement of foreign judgments. Ranked as a “Rising Star” by Florida Super Lawyers, she also is actively involved in the Interna-tional Law Section of the Florida Bar and is a former chair of the Florida Bar Jour-nal for the Florida Bar. Ms. Escobar was named as one of the most highly regarded individuals in the inaugural edition of The International Who’s Who of Asset Recov-ery Lawyers in 2012, as well as in the 2013 edition.

Eckhard R. Hellbeck is counsel in the Washington, D.C., office of White & Case LLP. He specializes in international dispute resolution with a particular focus on international arbitration and litigation involving state parties. His areas of exper-tise include public international law, investment protection under bilateral and multilateral treaties, state responsibility, sovereign immunity, and the enforce-ment of foreign judgments and arbitral awards. Before entering private practice, Mr. Hellbeck was a lawyer and diplomat with the German Foreign Service for nine years. He is a member of the bars of the District of Columbia, Frankfurt am Main, and New York, as well as of the German American Law Association, the International Bar Association, and the American Society of International Law.

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About the Contributors xiii

Glenn P. Hendrix is the managing partner of Arnall Golden Gregory LLP, with offices in Atlanta, Washington, D.C., and Miami. His practice is focused on com-mercial and administrative dispute resolution, including international arbitra-tion and litigation. Mr. Hendrix has successfully represented clients from across the world in various courts and other tribunals throughout the United States and has also supervised the prosecution of foreign actions for American clients. He has served as a private-sector adviser to the U.S. State Department on matters relating to international litigation, including service on a U.S. diplomatic delega-tion to a Special Commission of the Hague Conference on Private International Law, which was convened to review the practical operation of the Hague Evi-dence and Service Conventions. He is active in the American Bar Association, having served as chair of the ABA’s Section of International Law, and currently serves as that Section’s delegate to the House of Delegates (the ABA’s policymak-ing body) and as the ABA’s representative to the U.S. State Department’s Advi-sory Committee on International Law, which brings together 20 leading international law professors, practitioners, and policymakers to provide advice to the State Department’s legal adviser on significant international law issues. Mr. Hendrix has authored numerous book chapters and articles on international commercial dispute resolution topics.

Jeffrey Jacobson is a litigation partner who focuses his practice on the defense of consumer and securities class actions and on the electronic discovery chal-lenges presented by complex litigation and investigative matters. He is also an active member of the firm’s Privacy and Data Security team. Mr. Jacobson is recommended by The Legal 500 US (2013) for Securities Litigation and Data Pro-tection and Privacy and is recognized as a Securities Litigation “Star” in the IFLR Benchmark Litigation Guide (2013). He has written extensively on class action defense and e-discovery strategies for the New York Law Journal, Class Action Litigation Report, Product Liability Law 360, and other publications. He is also a member of the advisory board of the Association of Certified E-Discovery Specialists.

James E. Johnson is a litigation partner at Debevoise & Plimpton LLP who focuses his practice on white-collar criminal defense, internal investigations, cor-porate compliance, and corporate crisis management in connection with internal investigations. Mr. Johnson has the distinction of having held several senior posi-tions in the United States Department of the Treasury, including undersecretary of the Treasury for Enforcement (1998–2000) and assistant secretary of the Trea-sury for Enforcement (1996–1998). He oversaw the operations of the Bureau of Alcohol, Tobacco & Firearms, the Secret Service, the United States Customs Ser-vice, the Federal Law Enforcement Training Center, the Financial Crimes Enforcement Network, and the Office of Foreign Assets Control. At the Department of the Treasury, Mr. Johnson oversaw many complex criminal investigations, including the multinational anti–money laundering investiga-tion code-named Operation Casablanca, which ensnared banking officials and coconspirators in Mexico, Los Angeles, New York, and Colombia. Mr. Johnson led the development of the United States government’s strategy against the Black

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xiv ABOUT THE CONTRIBUTORS

Market Peso exchange, the largest money-laundering system in the Western Hemisphere. He also spearheaded the designation of the first High Intensity Financial Crimes Area, which focused federal and state regional efforts against money laundering.

Christopher C. Kokoruda is an assistant county attorney at the Miami-Dade County Attorney’s Office. While in private practice at the Miami-based law firm of Astigarraga Davis, Mr. Kokoruda focused on complex commercial litigation and arbitration, representing both U.S. and foreign multinational companies. Mr. Kokoruda earned his J.D. summa cum laude and graduated first in his class from Florida International University College of Law. While in law school he served as editor-in-chief of the FIU Law Review and was the recipient of the College of Law’s Outstanding Contribution for Publications Award.

Carolyn B. Lamm is a partner in the Washington, D.C., office of White & Case LLP, where her practice is primarily international arbitration and international litigation. She has served as lead counsel for many foreign states and corpora-tions in significant international arbitration and litigation proceedings through-out the world in over 35 years of practice. Ms. Lamm previously served as assistant director of Commercial Litigation, Civil Division, at the U.S. Depart-ment of Justice; head of the White & Case International Trade Practice Group worldwide; president of the District of Columbia Bar; and president of the Ameri-can Bar Association. She currently serves in a variety of leadership positions, including on the board of the American Bar Endowment; in the American Bar Association House of Delegates; on the council of the American Law Institute; as a member of Counselors to the Board of the American Society of International Law; as a member of the Advisory Committee for the U.S. Restatement of the Law of International Arbitration and Counselor to the Restatement (Fourth) on Foreign Relations; and fellow of the American College of Trial Lawyers. She served previously on the executive committee and board of the American Arbi-tration Association. She is teaching International Investment Arbitration at the University of Miami School of Law.

Michael McIlwrath is Associate General Counsel—Litigation for GE Oil & Gas, a division of the General Electric Company, a world-leading provider of highly engi-neered equipment and related services to the oil and gas industry headquartered in Florence, Italy. Mr. McIlwrath is coauthor of International Arbitration & Mediation: A Practical Guide (Kluwer Law International, 2010), the host of International Dispute Negotiation (the podcast of the CPR Institute), and a monthly contributor to the Klu-wer Arbitration blog, as well as the author of numerous articles on topics of inter-national dispute resolution. He is a member of the board and past president of the International Mediation Institute in The Hague.

Helen Mountfield practices law from Matrix Chambers in London, specializing in administrative law and international free movement and human rights law. She has frequently and successfully conducted cases in the European Court of

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About the Contributors xv

Human Rights, as well as the Supreme Court in England and Wales. Ms. Mount-field became a Queen’s Counsel in 2010 and also sits as a deputy High Court judge of the Administrative Court in London. She is coauthor of the Blackstone Guide to the Human Rights Act 1998 (OUP), now in its sixth edition. In 2009 she was Cham-bers & Partners’ Public Law and Human Rights barrister of the year, and in 2010, she was shortlisted for The Lawyer magazine’s “Barrister of the Year” award. She has also been listed as one of The Lawyer magazine’s “Hot 100” lawyers. Ms. Mountfield is married and has three daughters.

Kate Ó Súilleabháin is an associate in the Chicago office of Grant & Eisenhofer P.A. She focuses her practice on consumer class actions and mass torts. She is a former associate of the Litigation department of Baker & McKenzie LLP in Chicago.

Kenneth B. Reisenfeld, a partner in Patton Boggs LLP’s Washington, D.C., office, chairs the firm’s International Arbitration and Dispute Resolution Practice. A 1978 graduate of Harvard Law School, Mr. Reisenfeld has over 35 years’ experience rep-resenting U.S. and foreign corporations and sovereign governments in complex cross-border litigation in U.S. courts and in significant commercial, technology, energy, distribution and licensing, infrastructure, investor-state, and public inter-national/treaty disputes before international arbitral tribunals throughout the world. He has substantial expertise in the wide range of issues facing sovereigns and foreign entities sued in U.S. courts, including foreign sovereign immunity, antisuit injunctions, parallel proceedings, Section 1782 discovery, and recognition and enforcement of arbitral awards. Mr. Reisenfeld has been ranked a top interna-tional arbitration and litigation expert in Chambers Global, Chambers USA, Bench-mark Litigation’s Definitive Guide to America’s Leading Litigation Attorneys, International Who’s Who of Commercial Arbitration Lawyers, Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration, and InterContinental Finance Magazine’s Legal Excellence Award for Arbitration, Commercial Litigation, and Dispute Resolution. He also is regularly appointed an arbitrator in complex international disputes. Mr. Reisenfeld is a past chair of the American Bar Association’s Section of International Law, councilor and officer of the International Bar Association, ABA Liaison to the London Court of International Arbitration, and Executive Commit-tee member for the Institute for Transnational Arbitration. He has served on the U.S. Secretary of State’s Advisory Committee on International Law and was appointed by the United States government as special outside arbitration counsel for a landmark state-to-state arbitration involving expropriation disputes with the Republic of India. Mr. Reisenfeld was a co-author of the “ABA/AAA Code of Ethics for Arbitrators (2004)” and the “IBA International Principles on Conduct for the Legal Profession (2011).” Most recently, he served on the IBA Task Force that pro-duced the “IBA Guidelines on Party Representation in International Arbitration (May 2013).” Prior to joining private practice, Mr. Reisenfeld was a judicial law clerk to U.S. District Court Chief Judge Frank J. Battisti and served in the Attorney General’s Office at the U.S. Department of Justice, where he provided advice relat-ing to creation of the Iran-United States Claims Tribunal.

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xvi ABOUT THE CONTRIBUTORS

David W. Rivkin is cochair of the International Dispute Resolution Group of Debevoise & Plimpton LLP in its New York and London offices. Mr. Rivkin has over 30 years of experience in the areas of international litigation and arbitration. He has handled international arbitrations throughout the world and before virtu-ally every major arbitration institution. His recent successes include winning what is believed to be the largest ever bilateral investment treaty award in his-tory, US $2.3 billion, on behalf of Occidental Petroleum Company, as well as one of the largest ICC arbitration awards ever, for his representation (along with Debevoise partner Christopher Tahbaz) of Hyundai Heavy Industries, worth approximately US $750 million. Mr. Rivkin also represents companies in transna-tional litigation in the United States, including the enforcement of arbitral awards and arbitration agreements. Mr. Rivkin is consistently ranked as one of the top international dispute resolution practitioners in the world. In 2012, the American Lawyer’s Am Law Litigation Daily named Mr. Rivkin one of two “Global Lawyers of the Year.” In 2011, the National Law Journal named him one of the country’s “Most Inf luential Attorneys.” Among other positions, Mr. Rivkin is currently vice presi-dent of the International Bar Association and vice chair of the Arbitration Insti-tute of the Stockholm Chamber of Commerce, and he has served in leadership positions of the AAA, LCIA, SIAC, and other institutions. Mr. Rivkin graduated from Yale University in 1977 with a B.A. magna cum laude in history and received a J.D. from Yale in 1980.

Raquel A. Rodriguez is the managing member of the Miami office of McDonald Hopkins LLC. She served as general counsel to former Florida Governor Jeb Bush from 2002 until 2007. Her 27-year legal career includes litigation of numerous dis-putes involving foreign parties, foreign counsel, and international and foreign law. Among other areas, she has litigated issues involving the Foreign Sovereign Immu-nities Act, Inter-American Convention on Letters Rogatory, Federal Arbitration Act, Vienna Convention on Consular Immunity, Federal Administrative Proce-dures Act, foreign law, choice of law, and enforcement of foreign judgments. Her clients have included foreign states and their instrumentalities, global companies, government contractors, U.S.- and non–U.S.-based financial institutions, airlines, closely held businesses, and high-net-worth individuals. In addition to her litigation practice, Ms. Rodriguez maintains an active practice in the areas of government affairs and election law. Most recently, she served as Florida counsel to the Romney-Ryan presidential campaign and was the lead lobbyist in amending Flor-ida law to permit offshore health insurance companies to base their back-office operations in Florida without being required to obtain certificates of authority. She has written and spoken on numerous international topics, including international crisis management, the USA PATRIOT Act, arbitration and dispute resolution, legal implications of the euro, election law, and Florida constitutional law. She is a member of the Florida Bar (serving on the Executive Council of the Section of International Law) and of the Supreme Court of England and Wales (inactive). Ms. Rodriguez was a founding member of the Miami International Arbitration Society and is a member of several nonprofit boards. From 1997 to 1999 Ms. Rodriguez was executive director of Multilaw Multinational Association of Independent Law Firms. She graduated summa cum laude from the University of Miami School of

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Law in 1985. She has been recognized in numerous legal and business publications, including Chambers USA, SuperLawyer, Florida Trend Legal Elite, and South Florida Business Journal, and she maintains a Martindale-Hubbell AV Rating. The views she expresses in her chapter are her own and do not necessarily reflect those of McDon-ald Hopkins LLC or any past or current client.

Catherine Rogers is a professor of law and international affairs, and Paul & Mar-gorie Price Faculty Scholar, at Penn State University and Professor of Ethics, Reg-ulation & the Rule of Law at Queen Mary, University of London. She teaches or has taught international arbitration, professional legal ethics, international litiga-tion, and related topics. Her scholarship focuses on the public-private conver-gence in international adjudication and on the reconceptualization of the attorney as a global actor in adjudicatory settings. Professor Rogers has taught, lectured, and published extensively on these topics around the world. She is the author of Ethics in International Arbitration (Oxford University Press, 2013). Professor Rogers is an associate reporter for the American Law Institute’s new Restatement of the Law (Third) of International Commercial Arbitration and has served as an expert on topics of international arbitration and global legal ethics for various international organizations, including the OECD, UNCITRAL, the International Judicial Acad-emy, the American Society of International Law, the American Bar Association, and the International Bar Association. Before entering academia, Professor Rog-ers practiced international litigation and arbitration in New York, Hong Kong, and San Francisco.

Beth Stephens is a professor at Rutgers Law School in Camden, New Jersey. She has published a variety of articles on the relationship between international and domestic law, focusing on the enforcement of international human rights norms through domestic courts. She coauthored a book analyzing U.S. enforcement of human rights norms, International Human Rights Litigation in U.S. Courts (Marti-nus Nijhoff Publishers, 2d ed. 2008). From 1990 to 1995, she was in charge of the international human rights docket at the Center for Constitutional Rights in New York, where she litigated a series of cases addressing human rights violations in countries around the world, including Bosnia, Guatemala, Haiti, East Timor, and Ethiopia, and she continues to litigate human rights cases.

David Stoelting, a trial lawyer in New York City, has twice chaired the Commit-tee on International Criminal Law of the ABA Section of International Law. He also represented the ABA at the 1998 Rome Diplomatic Conference on the Inter-national Criminal Court and has taught international criminal law at Brooklyn Law School and Seton Hall Law School.

Christopher K. Tahbaz is a litigation partner in Debevoise & Plimpton LLP’s Hong Kong and New York offices and currently serves as cochair of Asian Litiga-tion. A litigator with a broad range of U.S. and international experience, Mr. Tah-baz has not only represented clients in numerous matters before U.S. courts, but he has also served as counsel in some of the firm’s largest international arbitra-tions. Mr. Tahbaz is one of only 15 leading Hong Kong practitioners selected for

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xviii ABOUT THE CONTRIBUTORS

inclusion in The International Who’s Who of Commercial Arbitration 2013, and Bench-mark Litigation Asia Pacific (2013) rates him as a “Local Disputes Star–Hong Kong.” Among his notable assignments, Mr. Tahbaz currently represents investors in a pair of bilateral investment treaty arbitrations against the government of Laos. In addition, he was one of two Debevoise partners who, along with cocounsel from Bae, Kim & Lee LLC, obtained what is believed to be one of the largest ICC awards ever, worth at least US $750 million, in a dispute between the sharehold-ers of Hyundai Oilbank, Korea’s fourth-largest oil refining and marketing company. Global Arbitration Review designated this award as the 2010 “Arbitration Win of the Year.” In addition to his numerous trial and appellate court appear-ances, Mr. Tahbaz has also been appointed to serve as arbitrator in arbitrations conducted under ICDR/AAA, ICC, HKIAC, and UNCITRAL rules, and he is included in the Hong Kong International Arbitration Centre’s List of Arbitrators and the ICDR Roster of Neutrals. Mr. Tahbaz is registered as a Foreign Lawyer with The Law Society of Hong Kong. Mr. Tahbaz received his B.A. degree from Columbia University in 1986 and his J.D. degree from Columbia Law School in 1990, where he was a Harlan Fiske Stone Scholar and served as articles editor of the Columbia Law Review.

Louise Ellen Teitz is a professor of law at Roger Williams University School of Law in Bristol, Rhode Island. She is also currently serving as first secretary at The Hague Conference on Private International Law in The Hague, The Netherlands, with primary responsibility for family law areas. Professor Teitz’s academic areas of expertise include conflict of laws (private international law), international liti-gation and dispute resolution, comparative law, international family law, and pro-fessional responsibility. In addition to prior teaching experience at several prestigious U.S. law schools, she has been on the faculties of the University of Konstanz and the University of Bern. Professor Teitz has also been a visiting scholar at the United Nations Commission on International Trade Law, in Vienna, and at UNIDROIT in Rome, and she frequently lectures abroad. Professor Teitz is the author of two books and numerous articles. Professor Teitz is active in the ABA Section of International Law, she has chaired several committees and divi-sions, and she is on the Council of the Section of International Law. She was a member of the U.S. Delegation to the Hague Conference for Jurisdiction and Judgments and for the Choice of Court Agreements Convention. Professor Teitz was also coreporter on the Uniform Law Commission’s Drafting Committee on the Hague Convention on Choice of Court Agreements. She is a member of the ALI, the International Association of Procedural Law, and the International Acad-emy of Comparative Law; she is a U.S. representative to the ILA’s International Commercial Arbitration Committee and International Consumer Protection Committee; she is on the Executive Committee of the American Branch of the International Law Association; and she is a member of ASADIP.

Detlev Vagts (1929–2013) was the Bemis Professor of International Law, Emeritus at Harvard Law School.

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About the Contributors xix

Elpidio Villarreal is currently senior vice president in Global Litigation at Glax-oSmithKline. Mr. Villarreal previously acted as vice president and assistant gen-eral counsel–Litigation and Conflict Management for Schering Plough Corporation in Kenilworth, New Jersey. Earlier in his career, he served as senior counsel, Litigation & Legal Policy, for General Electric Company in Fairfield, Connecticut. Mr. Villarreal was also a partner at Sonnenschein, Nath & Rosen-thal LLP and an associate at Latham & Watkins LLP. He holds a B.A. in history from Columbia University and a J.D. from Yale University.

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