International arbitration has long been a vital component in creating and upholding the Rule of Law throughout the world. Effects of the COVID-19 pandemic were felt in international arbitration as hearings were forced to go remote. This has brought into question what impact these and other changes have had on the rule of law in arbitration, particularly due process and equality of treatment. The third session of the Storey Rule of Law Lecture Series, featuring Bernard Hanotiau, addresses these important issues.
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About the Presenter
Hanotiau & van den Berg
Bernard Hanotiau is a member of the Brussels and Paris Bars, since 1976 and 1989 respectively. In 2001, he established a boutique law firm in Brussels concentrating on international arbitration and litigation. The firm has offices in Brussels and Singapore.
Since 1978, Bernard Hanotiau has been actively involved in international commercial arbitration as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in various parts of the world. Among the parties engaged in these arbitrations have been states (including on the basis of bilateral investment treaties) and state entities, high technology and telecommunications corporations, construction and real estate companies, airport designers and developers, owners and lessees of shopping malls, shopping parks, department stores and hypermarkets, oil, gas and mining companies, pipeline manufacturers (and related industries), dredging companies, operators of – and manufacturers of parts for – nuclear and thermal power plants, water and electricity suppliers, pharmaceutical and chemical companies, providers of medical services, automobile manufacturers and manufacturers of parts for the automobile industry, distributors and manufacturers of various kinds of goods and equipments, fashion merchants and retailers, suppliers of precious metals, owners and retailers of luxury brands, food suppliers, breweries, manufacturers of military supplies and satellites, airlines and railways, GDS’ operators, banks and investment companies, hotel management corporations and casinos, insurance and reinsurance companies.
Mr Hanotiau is a member of the panel of arbitrators of, or receives appointments as arbitrator by, the International Chamber of Commerce (ICC, Paris), the London Court of International Arbitration (LCIA), ICSID, the American Arbitration Association (AAA), the Stockholm Chamber of Commerce, the Russian Arbitration Association, SIAC (Singapore), TRAC (Teheran), HKIAC (Hong Kong), DIAC (Dubai), CIETAC (Beijing), BAC (Beijing), HIAC (Hainan), the Japan Commercial Arbitration Association, KLRCA (Kuala Lumpur), KCAB (Seoul), the BVI International Arbitration Center, the Permanent Court of International Arbitration (PCA, The Hague; also on the PCA specialized panel of arbitrators for disputes relating to outer space activities), WIPO (Geneva), Cepani (Belgium), the Nederlands Arbitrage Instituut (NAI), the Swiss Chambers of Commerce, the Pacific International Arbitration Centre (PIAC), VCCA (Vilnius), the Lima Centro de Arbitraje,the Danish Institute of Arbitration, the Cairo Center of Arbitration, the French Arbitration Association and the French-German Chamber of Commerce (Paris), IATA (Geneva), the Court of Arbitration for Sport (CAS, Lausanne).
Mr Hanotiau has a PhD from Louvain University and an LLM from Columbia University (1973). He is a member of the Council of the ICC Institute and a member of the ICC International Arbitration Commission. He is a member of the Court of Arbitration of the Singapore International Arbitration Center (SIAC), of the International Advisory Board of the Seoul IDRC, as well as a member of the International Court of Arbitration of the Istanbul Arbitration Center and of the Hong Kong International Arbitration Centre International Advisory Board (HKIAC).
Mr. Hanotiau is the author of Complex Arbitrations: Multi-party, Multi-contract & Multi-issue, Kluwer, The Hague, 2006, second edition 2020 and of more than 120 articles, most of them relating to international commercial law and arbitration, and he frequently lectures on this topic.
In March 2011, Mr. Hanotiau received the GAR “Arbitrator of the Year” award. In April 2016, he also received the Who’s Who Legal “Lawyer of the Year” for Arbitration award.
About the Moderator
New York, New York
Lucy Reed is an independent arbitrator with Arbitration Chambers (New York), and currently the President of the International Council for Commercial Arbitration (ICCA) and a Vice-President of the Singapore International Arbitration Centre Court. She is listed in Band 1 of Chambers Global Guide (International Arbitration) for Most in Demand Arbitrators. Lucy retired in 2016 from the international law firm Freshfields Bruckhaus Deringer, where she led the global international arbitration group from the New York, Hong Kong and Singapore offices, and then was Professor of Practice and Director of the Centre for International Law of the National University of Singapore through 2019. In addition to her expertise in international commercial and investment treaty arbitration, she served as an arbitrator on the Eritrea-Ethiopia Claims Commission (a humanitarian law claims commission) and co-director of the Claims Resolution Tribunal for Dormant Accounts in Switzerland (a Holocaust claims tribunal). While with the US State Department Legal Adviser’s Office, Lucy was the US Agent to the Iran-US Claims Tribunal. She is a former President of the American Society of International Law, Chair of the Institute for Transnational Arbitration, and a Vice President of the ICC International Court of Arbitration. A New York-qualified lawyer, Lucy was educated at the University of Chicago Law School and Brown University.
The Dean Robert G. Storey Lecture Series
The Dean Robert G. Storey Lecture Series was created in honor of CAIL founder, Robert G. Storey, and in recognition of his commitment to the rule of law. Each Storey Lecture will focus on an issue of particular importance in a region of the world with an emphasis on its rule of law implications. Lawyers from around the world are invited to attend all lectures.
The past year has been unprecedented. The global disruption due to COVID-19, coupled with rising nationalism, has raised fundamental questions about the liberal international economic order and even the future of democracy as a desirable political end. For lawyers, the situation has raised fundamental questions about the future of the profession. Further, as rights have come under challenge, the traditional role of lawyers as protectors of rights and the leaders of key institutions essential to shaping legal systems is in question.
The Lectures will feature some of the world’s best lawyers who will address these and other related issues from a regional perspective.
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