Previous IA Lectures

2020: A Response to DFAT’s Review of Australia’s Bilateral Investment Treaties 2019: Arbitration in Australia – Rising to the Challenge 2018: "The Need for Speed – Is International Arbitration Becoming Overly Fixated with Efficiency?” 2017: How worldly is it?” by The Hon Sir Bernard Eder2016: “International Arbitration and Independence – Off the Beaten Track” by Elliott Geisinger2015: “Dynamics, discretion and diversity - A recipe for unpredictability in international arbitration?” by Hilary Heilbron QC2014: “Commercial Courts and International Arbitration– Competitors or Partners?” by Michael Hwang SC2013: The authority of the arbitrator - its sources, limits and importance2012: The Impact of International Arbitration on the Rule of Law2011: Islamic influences on international arbitration2010: 仲裁 - Speaking your language? What is the language of resolution in the Asia-Pacific region?2009: The Day Before Tomorrow: Future Developments in International Arbitration2008: Inside Out: A User's View of International Arbitration2007: When Arbitrators Facilitate Settlement: Amiable Imposition or Actual Solution?2006: Enterprise v State: The New David and Goliath?2005: Litigate, Arbitrate, Mediate, Frustrate? Breaking the Dispute Deadlock2004: Apes, Neanderthals and Missing Links: Evolution in International Business Arbitration2003: East meets West: Tradition, Globalisation and the Future of Arbitration2002: Arbitration, Imagination and the Culture of Compromise: The Inaugural Clayton Utz International Arbitration Lecture

2016: “International Arbitration and Independence – Off the Beaten Track”
by Elliott Geisinger

About the lecture

The term 'independence' invariably brings to mind the independence and impartiality required of arbitrators. However, this is a far too narrow viewpoint: What of the duties of independence of the other participants in international arbitration proceedings? Which duties of independence are incumbent on, for example, experts (especially party-appointed experts), arbitral institutions or counsel? What are the roots and contents of these duties of independence, to whom are they owed and which sanctions, if any, are attached to a failure to live up to them?

The 2016 lecture will explore these questions and close with some highly provocative - and possibly unpopular - thoughts on the most difficult form of independence there is: independence from one's self.

Visit the International Arbitration pages of the Clayton Utz website.

About the speaker

Elliott Geisinger heads Schellenberg Wittmer's arbitration practice group. Elliott's practice has focused primarily on international commercial arbitration. He has acted as counsel and arbitrator in complex commercial disputes involving international construction contracts, consortia and joint venture agreements, sponsorship contracts, sales and distribution contracts, post-M&A disputes, consultancy contracts and hotel management contracts. He has also participated in drafting arbitration rules for commercial arbitration and for sports arbitration.

Elliott has also represented parties before Swiss courts in arbitration-related court proceedings, such as judicial appointments of arbitrators or challenges of arbitral awards before the Swiss Supreme Court. Several cases in which Elliott represented parties before the Swiss Supreme Court have been reported in the official collection of Swiss Supreme Court cases and in specialised journals.

Elliott currently holds positions as:

  • President of Swiss Arbitration Association since 2014
  • Member of the London Court of International Arbitration
  • Member of Ordre des Avocats de Genève (Geneva Bar Association)
  • Member of Association Internationale de Juristes d'Affaires
  • Member Board of Trustees of FIAA (Foundation for International Arbitration Advocacy)
  • Partner at Schellenberg Wittmer


Elliott has authored and co-authored numerous publications on arbitration practice and international commercial arbitration including "Calculating and Proving Quantum in Arbitration Practice - The Lawyer's Perspective".

Lecture speech

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2016 full lecture

 

 

2016 lecture highlights