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[Recap] Maxwell Conversations: Good Faith in International Arbitration

Maxwell Conversations Session 3 (recap) - Feature Image

Maxwell Chambers held its third session of Maxwell Conversations on 17 February 2022, discussing the topic “Good Faith in International Arbitration”. The webinar was attended by more than 700 participants from over 80 countries.

The panelists included Gary Born, Chair of the International Arbitration Group of Wilmer Cutler Pickering Hale and Dorr LLP, Darius Khambata, Senior Counsel at One Essex Court, and Eva Kalnina, Arbitrator at Arbitration Chambers. The discussion was moderated by Lawrence Teh, Global Co-Head of International Arbitration of Dentons, who was hosting the webinar in person at Maxwell Chambers.

Watch the full recorded session below:

Speakers

GARY BORN

Gary Born is Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP and the world’s pre-eminent authority on international commercial arbitration and international litigation. He has served as counsel in over 675 arbitrations, including several of the largest arbitrations in ICC and ad hoc history, and has sat as arbitrator in more than 250 institutional and ad hoc arbitrations.

Mr. Born has published a number of leading works on international arbitration, international litigation and other forms of dispute resolution. He is the author of International Commercial Arbitration (Third Edition, Kluwer 2020), the leading treatise in the field, which has received the American Society of International Law’s Certificate of Merit for High Technical Craftsmanship and OGEMID’s Book of the Year award for 2009. He is an Honorary Professor of Law at the University of St Gallen, Switzerland and Tsinghua University, Beijing, and teaches regularly at law schools in Europe, Asia and North and South America.

Mr. Born is a former President of the Singapore International Arbitration Centre (SIAC) Court of Arbitration, a member of the International Advisory Board of the Hong Kong International Arbitration Centre (HKIAC), a member of the International Arbitration Committee of the Korean Commercial Arbitration Board (KCAB), a member of the Global Advisory Board of the New York International Arbitration Center (NYIAC), and a member of the Jerusalem Arbitration Center’s Court of Arbitration.

Among many accolades, Mr. Born has received the Global Arbitration Review inaugural “Advocate of the Year” award, the Client Choice award for “Best International Arbitration Practitioner” and the Best Lawyers “London Arbitration Lawyer of the Year” award. He is one of only two practitioners in London and globally to achieve “starred” status for international arbitration in the Chambers guides. In 2018 Chambers recognized him for his “Outstanding Contribution to the Legal Profession,” describing him as the world’s foremost authority on international arbitration and litigation, “in a class of his own” and “revered around the world for his work on international commercial and investor arbitration.

LAWRENCE TEH

Lawrence Teh is the Global Co-Head of Dentons’ International Arbitration practice and a senior partner in Dentons Rodyk’s Litigation and Dispute Resolution practice group. He is Co-Head of Dentons Rodyk’s International Arbitration and Shipping practice groups. He has particular experience in handling commercial disputes including those of international trade and commodities, maritime and aviation, banking and financial services, onshore and offshore construction, mergers, acquisitions, joint ventures and other investments, and insurance.

Lawrence advises clients and acts as counsel and appears regularly as lead counsel in the Singapore courts, in arbitration, mediation and other forms of dispute resolution. He is a fellow of the Chartered Institute of Arbitrators (CIArb), a fellow of the Singapore Institute of Arbitrators (SIArb) and is appointed regularly as an arbitrator in international disputes under rules and auspices of international arbitration institutions like the ICC, SIAC, HKIAC, SCMA, KCAB, AIAC, SHIAC and THAC.

He is member of the Nominations Committee of the International Bar Association (IBA), the Administrator of the Comité Maritime International (CMI) and a Master of the Bench (Overseas) of the Honourable Society of the Inner Temple.

He is named in numerous legal guides and directories including the The Legal 500 Asia Pacific, International Who’s Who for Commercial Litigation, International Who’s Who of Shipping & Maritime and Asialaw Leading Lawyers for Shipping, Maritime & Aviation and in the Guide to the World’s Leading Aviation Lawyers.

EVA KALNINA

Eva Kalnina is an arbitrator with Arbitration Chambers (London). She specialises in international commercial and investment arbitration with focus on energy, construction, shareholder and finance disputes. Eva has acted as arbitrator (chair, party-appointed, sole) in over 40 international arbitrations stemming from a wide array of industries under all major institutional arbitration rules and governed by numerous procedural and substantive laws.

Eva is a Member of the ICC Court of Arbitration, the SCC Board, the Permanent Court of Arbitration and the ICSID Panel of Arbitrators. She has advised Eastern European governments on their foreign investment policies, as well as provided expert opinions in BIT cases to foreign investors. She also sits as an arbitrator on an ICSID annulment committee.

Eva has particular expertise in CIS disputes. In addition to Italian, French and Spanish, Eva also speaks Latvian and Russian, allowing her to take an active role in complex arbitrations involving international companies and governments from Eastern Europe, including Russia. She has chaired multi-billion CIS arbitrations and acted as lead counsel in shareholders’ disputes in Eastern Europe.

Prior to joining Arbitration Chambers as an independent arbitrator in 2021, she was a partner at Lévy Kaufmann-Kohler (Geneva), a boutique international arbitration law firm.

Eva is recognized as a “Global Leader” in WWL Arbitration 2021, and highly ranked by several other legal journals.

Eva holds an LLM from Harvard Law School (Fulbright scholar) and is admitted to the New York bar.

DARIUS KHAMBATA SC

Darius J. Khambata, Senior Counsel, holds an LL.M. from the Harvard Law School and practices before the Supreme Court of India, the Bombay High Court and a number of other High Courts and Tribunals across India.

He has held two distinguished public law offices, as Advocate General for Maharashtra from 2012 to 2014, and before that, as Additional Solicitor General of India for three years. On his term as Advocate General coming to an end the Cabinet of the newly elected Government of Maharashtra recorded its “highest appreciation of the meritorious and distinguished service” rendered by him, a signal honour.

Mr Khambata has a large and varied practice and has appeared in numerous significant constitutional, corporate and commercial matters and domestic and international commercial arbitrations.

In 2014 he was conferred with the ‘Arya Chanakya Puraskar’ award for law, in 2017 he was conferred with the ‘Senior Counsel of the Year” award by Legal Era and in 2019 with the award “Living Legend of Law” by the Bar Association of India. He is currently a member of SEBI’s Takeover Panel. Previously, he was a member of the Securities and Exchange Board of India (SEBI) Committee to recommend new insider trading regulations. He was part of the Law Commission of India’s Committee that in 2014-2015 recommended substantial amendments to the Arbitration & Conciliation Act 1996.

Mr. Khambata has been a Vice-President of the London Court of International Arbitration and is currently a member of the Singapore International Arbitration Centre’s Court. He also sits on the Advisory Council to the Maharashtra National Law University, Mumbai. He is a member of One Essex Court, London and also has his own chambers in Mumbai.

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