News 19 Dec. 2019
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News 18 Apr. 2016
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News 24 Jan. 2020
Curtis defeats $400 million investment treaty claim brought against India
Event 02 Oct. 2019
Claudia Frutos-Peterson and Borzu Sabahi Lead ILI Advanced International Arbitration Training Sessions for the Philippines Office of Solicitor General
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News 18 Dec. 2019
Six Curtis Partners Featured in Who's Who Legal - Arbitration 2020
Event 04 Dec. 2019
New York Partner Eduardo A. Cukier Presented at the Latin Lawyer Live 4th Annual Tax Conference
Event 31 Jan. 2020
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Publications 15 Jan. 2020
Antonia Birt publishes IBA Arbitration Country Guide for the UAE
News 05 Feb. 2020
Partner Michael S. Schwartz Elected as an Officer of the Trusts & Estates Section of the NYSBA
News 20 Feb. 2020
18 Curtis Practice Areas and 22 Individuals Ranked in Chambers Global 2020
Event 12 Feb. 2020
Partner Simon Batifort Speaks at the 2020 Biennial Conference of the ASIL International Economic Law Interest Group
Article 05 Feb. 2020
“OPPORTUNITY IS A COMBINATION OF CHANCE AND CHOICE”. INTERVIEW WITH PETER М. WOLRICH, PARTNER OF CURTIS, MALLET-PREVOST, COLT & MOSLE LLP, PARIS
By Dmitry Artyukhov, Arbitration.ru Editor-in-chief
Below is an excerpt from the interview with Arbitration.ru. Please refer to the attachment for the complete interview.
Peter M. Wolrich is one of the leading arbitration lawyers in the world. Born in the U.S., he represented numerous European and Asian countries in complex and lengthy investor-states arbitration proceedings. Peter works in Paris, but occasionally visits Russia as well and took part in American Bar Association conference held in Moscow this September. We talk with Peter about his legal career, the Central Asia, complex cases and his philosophy that has driven him through over 40 years of his work in arbitration.
This year you came to Moscow for the ABA conference hosted together with RAA and spoke on a panel on bifurcation in international arbitration. Why did you choose this particular topic?
Bifurcation is an important and multi-faceted issue that needs to be considered when setting up a time and cost efficient arbitral procedure. However, it is a topic that is rarely dealt with in arbitration conferences. I thought it was time to bring it to the fore, and the Moscow ABA/RАA Conference was an excellent venue in which to do so.
In your long career in arbitration, what particular challenges of bifurcation have you come across as a counsel or arbitrator?
Bifurcation, of course, occurs when certain issues are broken out for early determination by the arbitral tribunal in a partial award. Some issues such as jurisdiction, capacity, arbitrability or the application of the statute of limitations could dispose of the entire arbitration. Other issues such as the applicable law, the meaning of a contractual provision or the determination of a key fact in dispute may narrow or simplify the remaining issues to be decided or may encourage settlement. As an example, in one arbitration in which I was sitting as an arbitrator there was an issue as to whether the law of country X or the law of country Y was applicable to the dispute. We considered that it would be inefficient to require the parties to plead their case alternatively under two different legal systems. In addition, the laws of country X allowed for consequential damages and the laws of country Y did not. One of Claimant’s largest claims was for consequential damages. As a result, the tribunal, at the request of Claimant, decided to bifurcate the applicable law issue and decide it upfront in a partial award.
Commercial Disputes - Arbitration
Peter M. Wolrich
+33 1 42 66 39 10
News 29 Nov. 2007
Partner Peter M. Wolrich and Counsel Miguel I. Estrada Sámano were selected for inclusion in the Guide to the World's Leading Experts in Commercial Arbitration, 7th Edition.
Event 12 Nov. 2019
Partner Claudia Frutos-Peterson Speaks at 17th ICC Miami Conference on International Arbitration