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Paul FRIEDLAND |
IAI Member |
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White & Case LLP
1221 Avenue of the Americas
New York, NY 10020
USA
Tel: +1.212.819.8917
Fax: +1.212.354.8113
PFriedland@whitecase.com
http://www.whitecase.com
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| Languages |
English (native); French (fluent) |
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| Nationality |
USA |
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| Bar Admission |
New York - 1981
Paris - 1993 |
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| Education |
Columbia Law School (JD - 1980); Yale University (BA - 1976) |
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Experience
as Arbitrator |
Arbitrator (chair, party-appointed) in international proceedings under the Rules of the AAA, ICC and ad hoc tribunals |
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Experience
as Counsel |
Numerous international arbitration proceedings, under the Rules of the ICC, AAA, and ICSID (with specialization in energy, international construction and sovereign disputes) |
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Publications
Relating to
Arbitration |
• Cláusulas de Arbitraje para Contratos Internacionales (AbeledoPerrot, 2010) (with R.E. Llano Oddone)
• Arbitration Clauses for International Contracts (Juris Publishing, 2d ed. 2007)
Numerous articles on international arbitration including:
• Regular Contributor to Kluwer Arbitration Blog
• "AAPL v Sri Lanka -- Rethinking Protection and Security for 21st Century Claims," 2016(3) Cahiers de l'arbitrage / Paris J. Int'l Arb. 605
• "Fact-Finding by International Arbitrators – Sua Sponte Calls for Evidence, in The Arbitrators' Initiative: When, Why and How Should it be Used?," ASA Special Series No. 45 (Domitille Baizeau & Frank Spoorenberg eds. 2016)
• "Differential Capacity and the Duty to Protect Foreign Investment From Physical Violence," in Liber Amicorum en L'Honneur de William Laurence Craig (LexisNexis, 2016) (with R. Hornick)
• "Drafting Considerations for Clauses Designating New York as the Place of Arbitration," in International Commercial Arbitration in New York (2d ed., J. Carter & J. Fellas eds., OUP, 2016) (with D. Nyer)
• "Soft Law and Power," in The Evolution and Future of International Arbitration (S. Brekoulakis, J. Lew & L. Mistelis eds., Kluwer, 2016)
• "The 2014 Revisions to the IBA Guidelines on Conflicts of Interest in International Arbitration," 9(1) Disp. Res. Int'l 55 (2015) (with E. Zuleta)
• "The Revised ICDR International Arbitration Rules - Key Changes," (LexisNexis Arbitration, Apr.2014) (with J. Templeman)
• "Rabid Redux: The Second Wave of Abusive ICSID Annulments," 27(4) Am. U. Int’l L. Rev. 727 (2012) (with P. Brumpton)
• "The 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process," in JAMS Global Engineering and Construction Newsletter and the NYSBA Dispute Resolution Journal (Nov. 2012) (with S. Brekoulakis)
• "Discoverability of Communications between Counsel and Party-Appointed Experts," in International Arbitration, 28(1) Arb. Int'l 1 (LCIA 2012) and 15 ICCA Congress Series 160 (2011)(with K. Brown de Vejar)
• Negotiating and Drafting Arbitration Agreements with Chinese Parties - Special Considerations of Chinese Law and Practice," 28(5) J. Int’l Arb. 467 (2011)(with B. Yan)
• "The New ICC Rules: Continuing Evolution of Case Management Powers to Control Costs and Delays in International Arbitration," Kluwer Arbitration Blog, 13 September 2011 (kluwerarbitrationblog.com/blog/2011/09/13/the-new-icc-rules-continuing-evolution-of-case-management-powers-to-control-costs-and-delays-in-international-arbitration) (with P. Brumpton)
• "Drafting Class Arbitration Clauses after Stolt-Nielsen," 22 Dispute Res. J. (May 2010) (with M. Ottolenghi)
• "Drafting Considerations for Clauses Designating New York as the Place of Arbitration," in International Commercial Arbitration in New York 71 (J.H. Carter & J. Fellas eds., 2010)
• "Comments on the 2008 Survey on International Arbitration: Corporate Attitudes and Practices on Recognition and Enforcement of Arbitral Awards," 19(3-4) Am. Rev. Int'l Arb. 447 (2008, published in 2009) (with M. Ottolenghi)
• "Controlling Cost in International Arbitration," 24 Japan Com. Arb. Ass'n. Newsl. (Dec. 2009)
• "Recognition And Enforcement Of Annulled Awards: From Chromalloy To Comity, The U.S. Story So Far," in Mealey's The New York Convention: 50 Years of Experience (Oct. 2008) (with J. Levine)
• "Reconocimiento Y Ejecución de Los Laudos Arbitrales Nulos. La Experiencia en Los Estados Unidos de Norteamérica," in El Arbitraje Comercial Internacional 568 (G. Tawil & E. Zuleta eds., 2008) (with J. Levine)
• "A Claim for Monetary Relief for Breach of Agreement to Arbitrate as a Supplement or Substitute to an Anti-Suit Injunction," in International Arbitration 2006: Back to Basics?, ICCA Congress Series No. 13, at 267 (Kluwer, 2007) (with K. Brown)
• "The Amicus Role in International Arbitration," in Pervasive Problems in International Arbitration 321 (L. Mistelis & J.D.M. Lew eds., 2006)
• "Stay of Enforcement of the Arbitral Award Pending ICSID Annulment Proceedings," in Annulment of ICSID Awards, IAI Series on International Arbitration No. 1, at 177 (E. Gaillard & Y. Banifatemi eds., 2004)
• "The Internationalization of American Commercial Arbitration," 18 ITA News and Notes 1 (Spring 2004) (with A. Santens)
• "Arbitral Subpoenas Under US Law and Practice," 14 Am. Rev. Int'l Arb. 3 (2003) (with L. Martinez)
• "Commentary on the July 2003 Revisions to the AAA Commercial Arbitration Rules," Disp. Res. J. (Nov. 2003) 8 (with J. Townsend)
• "Commentary: ICSID Tribunals and Injunctions by State Courts," 18(3) Arb. Int’l 323 (2002)
• "Arbitration," Corporate Legal Department, Practising Law Institute (Nov. 2001)
• "The Arbitration Clause," Commercial Contracts: Strategies for Drafting and Negotiating (Aspen, 2001)
• "Place of Arbitration in Contract is Vital," N.Y.L.J., Oct. 29, 2001, at S8
• "Drafting 'Provisional Relief' Clauses," 6 ADR Currents 1 (Sept.-Nov. 2001)
• "Choosing Between Administered and Non-Administered Arbitration for International Contracts," Corp. Counsel A3 (Apr. 2001)
• "The Written Phase: Disclosure and Memorials," in AAA Manual for International Arbitrators (1999)
• "International Arbitration in the US: Enforcement of Awards," in International Commercial Arbitration – U.S. Litigation Yearbook (1999)
• "U.S. Courts' Misapplication of the 'Agreement in Writing' Requirement for Enforcement of an Arbitration Agreement under the New York Convention," 13 Int’l Arb. Rep. 21 (May 1998)
• "Combining Civil Law and Common Law Elements in the Presentation of Evidence in International Commercial Arbitration," 12 Int’l Arb. Rep. 25 (Sept. 1997) |
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Other
Connections
with France |
Member of the Paris Bar |
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