07/01/2022

Members of Chambers contribute to festschrift for Professor George Bermann

A festschrift in honour of Professor Bermann’s 75^th birthday is published this month under the title “State of Arbitration: Essays in Honour of Professor George Bermann”.

Edited by Julie Bédard (Head of Skadden’s International Litigation and Arbitration Group for the Americas) and Patrick W. Pearsal (Partner in the Washington DC office of Allen & Overy LLP), the book is a collection of insights into where international arbitration is currently and where it might go in the future.

Several members of Chambers contributed chapters to the book:

• Professor Julian DM Lew QC wrote a chapter on “Legal and Pragmatic Controls in International Arbitration”, in the section dealing with “Current Issues in the Practice of Arbitration”.
• Under the heading “Current Issues in Public International Law and Investor-State Dispute Settlement”, the Honorable Charles N Brower (with Pem C. Tshering) co-authored a chapter entitled “‘Autonomous’ v. International: The European Union’s Conversion from Vertical Confederation to Horizontal Empire-Building”.
• In the section dealing with “Current Issues in the Treatment of Arbitration in National Courts”, Joshua Folkard (with Can Yeğinsu of 4 New Square) authored a chapter entitled “Discretionary Suspension of an Award Subject to Foreign Enforcement Proceedings by the Court of the Seat: The Emerging Position in England and Wales”. This chapter considers the developing English case law on when an English Award subject to enforcement proceeding(s) in foreign jurisdiction(s) can be set aside at the Courts of the seat. It also draws on related trends in English case law and Josh’s own experience of instructions in such cases.

The festschrift can be found here.