Gaëtan Verhoosel KC, Ridhi Kabra, YiKang Zhang, and Anton Chaevitch recently wrote three chapters for Pro Arbitration Revisited: A Tribute to Professor George Bermann from his Students Over the Years, published by JURIS Legal Information.
Gaëtan Verhoosel KC and Ridhi Kabra wrote the chapter, “Being Pro-Arbitration: Insights from the European Union’s Approach Towards Investor-State Arbitration”, which examines Professor Bermann’s theory of what it means to be “pro-arbitration” – particularly as regards trade-offs between arbitration and extrinsic values – through the European Union’s approach towards investor-state arbitration. Looking through the European Union’s contrasting approaches to intra-EU and extra-EU investment arbitration, this chapter argues that a trade-off is “pro-arbitration” if it is (i) a proportionate response to an extrinsic value, and (ii) grounded in sound reasoning.
YiKang Zhang authored a chapter, “What Does it Mean to Be Pro-Arbitration? Effectuating Party Intent in Construing an Arbitration Agreement.” The chapter responds to Professor Bermann’s call for a more nuanced debate on what it means to be “pro-arbitration” by comparing the approach of the UK Supreme Court and the Singapore Court of Appeal on the issue of the law governing the arbitration agreement in the absence of an express choice by the parties. The chapter argues that a measure is more “pro-arbitration” if it adheres more closely to the parties’ intention in relation to all parts of the contract and not only in relation to the arbitration agreement.
Anton Chaevitch contributed the chapter entitled, “Pro-Arbitration = Pro-Litigation”. He argues that to be pro-arbitration is to believe that the law should always improve. Whilst law could improve without arbitration, international commercial arbitration, in particular, provides a powerful driver for progress: an alternative. The chapter goes on to examine the ways in which litigation and arbitration advance the merits of the other.
The compendium was written as a collaboration between over 100 contributors, Columbia Law School (CLS) Alumni and Columbia University faculty, in honour of Professor Bermann’s fantastic impact on CLS faculty, countless students of international arbitration, and the development of the practice itself.
To find out more, click here.
ABOUT GAËTAN VERHOOSEL
Gaëtan is a founding partner in the London office of Three Crowns. He has served as advocate and as arbitrator in a large number of both commercial and investment treaty arbitrations.
Gaëtan is a past Senior Co-Chair of the Arbitration Committee of the International Bar Association, a member of the SIAC Court of Arbitration, and was appointed to the ICSID Panel of Arbitrators by the Kingdom of Belgium. He teaches investment treaty law at King’s College School of Law in London.
In addition to being an English solicitor-advocate, Gaëtan is also an avocat à la cour (France) and abogado (Spain).
ABOUT RIDHI KABRA
Ridhi is an associate in the London office. Her experience includes advising clients in investment treaty and commercial arbitrations relating to taxation, oil and gas, infrastructure, and joint venture disputes. She has acted in several arbitrations under the ICSID, ICC, LCIA, and UNCITRAL Rules. She is recognised as a recommended lawyer in The Legal 500 UK’s guide for International Arbitration and Public International Law.
Ridhi holds a PhD from the University of Cambridge, and received her undergraduate degree in law from the National Academy of Legal Studies and Research (NALSAR), Hyderabad, India. Ridhi has previously taught law at the University of Bristol, and held visiting positions at King’s College London and the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. Ridhi is qualified to practice law in India, and England and Wales.
ABOUT YIKANG ZHANG
YiKang is an associate in the London office. He has experience in both international commercial and investment treaty disputes across a range of sectors, including energy, joint ventures, and financial services. He has been involved in proceedings under the ICC, LCIA, ICSID, and UNCITRAL rules, as well as before the High Court. YiKang obtained his J.D. from Columbia Law School, where he was a James Kent and Harlan Fiske Stone Scholar and received the Whitney North Seymour medal. He also holds an LLB with First Class Honours from King’s College London.
ABOUT ANTON CHAEVITCH
Anton is an associate in the Washington, DC office. His experience includes acting for clients in a wide range of commercial and investment treaty arbitrations, notably within the energy sector. Anton also regularly provides legal support pro bono. Anton completed his Ph.D. at Harvard University and holds a J.D. from Columbia Law School (James Kent Scholar), as well as a bachelor’s degree (magna cum laude) and a master’s degree from Harvard University.« Back