Panel 3: Waiver of the Right to Set Aside the Award
George A. Bermann
Professor, Columbia Law School
Professor George A. Bermann is the Jean Monnet Professor of European Union Law (a chair conferred by the Commission of the European Communities), Walter Gellhorn Professor of Law, and Director of the European Legal Studies Center at Columbia University School of Law. Professor Bermann has been a faculty member at Columbia Law School since 1975, teaching courses in European Union law, international trade contracts, administrative law, and World Trade Organization (WTO) and transnational dispute resolution.
He is also a member of the teaching faculty of the College d'Europe in Bruges, Belgium, and regularly gives courses at the Universities of Paris I (Panthéon-Sorbonne) and Paris II (Panthéon-Assas), as well as the Institut des Sciences Politiques in Paris. He has published several books and articles on international litigation and arbitration, WTO law, and European Union law, including Transnational Litigation and International Commercial Arbitration.
Professor Bermann currently serves as Chief Reporter of the ALI Restatement of the U.S. Law of International Commercial Arbitration; director of the American Arbitration Association; member of the panel of ICDR arbitrators and CPR neutrals; member of the Academic Council of the Institute for Transnational Arbitration; and President of the International Academy of Comparative Law. He is a former President of the American Society of Comparative Law, and a Court- and attorney-appointed foreign law expert on French, German, Swiss and EU Law.
He holds a B.A. from Yale College, degrees in law (J.D., Yale Law School and LL.M., Columbia Law School), and a doctorate honoris causa (University of Fribourg, Switzerland).
Dr. Patricia Shaughnessy directs the Master of International Commercial Arbitration Law Program at Stockholm University and teaches and researches in related fields. Patricia is also a member of the Board, and the Chair of the Arbitration and Dispute Resolution Section, of the Stockholm Centre for Commercial Law, an extensive research institute affiliated with Stockholm University.
She is the Vice-Chair of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and has served on its Board since 2006. She has been an active member of the SCC committees that have drafted the SCC Rules. She has also served as the Articles Editor of the Stockholm International Arbitration Review. She has acted as an arbitrator in international commercial disputes and as a consultant, she has led numerous projects and carried-out assignments related to commercial dispute resolution for organisations such as the World Bank, the European Commission, SIDA and USAID in a number of countries.
Following her doctoral studies, Patricia served for one year as a US Supreme Court Judicial Fellow, working with the Federal Judicial Center in Washington DC. She has been appointed a Senior Fulbright Specialist and has taught and held lectures at a number of universities and other organisations. Prior to her academic career in Sweden, she practiced law for ten years in a Honolulu law firm, specialised in civil and commercial litigation, was an Adjunct Professor at the William S. Richardson School of Law, at the University of Hawaii, and was a member of the Board of Continuing Education of the Hawaii Bar Association.
Arbitrator, London, Canada
Todd Weiler is an international lawyer, called to the Bar of Ontario, whose practice focuses exclusively on investment treaty arbitration. Since 1999, Dr. Weiler has served as arbitrator, consulting expert and co-counsel in dozens of disputes involving investors, host states and interested third parties, including arbitrations conducted under ICSID, ICSID Additional Facility, UNCITRAL, Stockholm, ICC and ICDR rules.
Dr. Weiler’s name has appeared on the Who's Who Legal list of leading international arbitration lawyers since 2007, and since 2009 Chambers Global has included his name in its list of Canada’s leading practitioners in international trade. In 2011, Dr. Weiler was one of the few sole practitioners included on the Global Arbitration Review’s list of the world’s leading specialist international arbitration firms, the GAR100.
In 1999, Todd Weiler founded the first non-governmental web site to publish investor-state pleadings and awards, NAFTAClaims.com, and in 2006 he co-founded the popular commercial website, Investmentclaims.com. Dr Weiler has edited or co-edited nine volumes on the subject of investment treaty law and arbitration since 2004, in addition to authoring dozens of articles and chapters on international investment, administrative and trade law. His first monograph, entitled: The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context , is being published by Martinius Nijhoff in 2013.
Todd Weiler holds an Hon. B.A. from the University of Waterloo, a M.A. in public policy and a LL.B. from Western University, a LL.M. from the University of Ottawa, and a LL.M. and a S.J.D. from the University of Michigan. He has also served as a visiting or adjunct professor at law schools across the United States and Canada, and in Dundee, Scotland.
From 1990 to 1996, Dr Weiler performed policy analysis for various departments within the Government of Canada. He also clerked for Mr. Justice Wetston at the Federal Court of Canada in 1997-1998.
Anne Marie Whitesell
Before joining Dechert, Anne Marie Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. Ms. Whitesell received her J.D. from the University of Virginia School of Law and her Doctorate in Law from the Université de Paris I, Panthéon-Sorbonne. She previously taught at the Université de Paris I and the Institut de Droit Comparé. Ms. Whitesell has practised with law firms in both the United States and in France, and has acted as counsel and arbitrator in numerous international arbitration cases. She serves as a member of various boards, associations and committees related to dispute resolution. She is also the Director of the Alternative Dispute Resolution Center of the International Law Institute. Ms. Whitesell is admitted to the New York State Bar, the District of Columbia Bar and the US District Courts for the Southern and Eastern Districts of New York.