ARBINBRIEF SEASON 2 EPISODE 3, ON 9 NOVEMBER 2022
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ABOUT THE SPEAKERS
Emily Hay joined the firm in 2014. She acts as arbitrator, counsel, tribunal secretary and assistant to the tribunal in international commercial and investment arbitrations, both ad hoc and under a wide variety of institutional rules, spanning various industry sectors (nuclear energy, hydropower, fuel cell technology, oil and gas, banking, construction, medical devices, real estate, military equipment, consumer appliances, fast food, and aviation). Ms. Hay is also involved in court litigation related to the set-aside and enforcement of arbitral awards.
Before joining Hanotiau & van den Berg Ms. Hay advised on issues of public international law, data protection and privacy at an international law firm in Brussels. Ms. Hay also spent two years in Egypt providing legal aid to refugees and asylum seekers, and has undertaken internships with Human Rights Watch and the United Nations High Commissioner for Refugees.
In 2012 Ms. Hay obtained her LLM in Advanced Studies in Public International Law (cum laude) from Leiden University. She completed Bachelors of Arts and of Laws (First Class Honours) at Macquarie University in 2008. Ms. Hay was admitted in the Supreme Court of New South Wales in 2013, and is registered to practice in both New South Wales and Brussels (B-list).
Ms. Hay speaks English, French and Spanish.
Elena Gutiérrez García de Cortázar, founding Partner of MGC Arbitration, Elena has over 20 years of experiencein the field of commercial and investment dispute resolution. She is admitted to the Paris and Madrid barsand holds a degree in Law and a degree in Business Administration from ICADE University (Madrid).
In addition to her double degree in Law and Business Administration, Elena´s advance education includes a Specialized Course on Contracts with the State (Pontificia Universidad Católica del Perú), an Advanced Program on Contracting in the Information and Technology Sector (Insituto de Empresa) and the Advanced Program MBA Update: Business in China (IE), that took place in Shanghai.
Elena has a 360º perspective of international arbitration, which stems from her past and current experience as an international arbitrator in more than 40 cases, former Secretary General of the Madrid Court of Arbitration, counsel at major law firms like Wachtell Lipton Rosen & Katz in New York and Uria Menendez in Madrid, and Observer for 5 years before UNCITRAL Working Groups II & III. During her time at UNCITRAL she was involved in the preparatory works of what became the Rules on Transparency in Treaty-based Investor-State Arbitration.
As a counsel, consultant, and other positions, she has been involved in complex cases conducted in English and Spanish, under the major international arbitration rules (ICC, LCIA, ICDR, SCC, KCAB, CAM Milan, CCL, CIAM, CAM Madrid and UNCITRAL Arbitration Rules) in a wide range of jurisdictions and applicable laws (Spanish, French, Swiss, English, Italian, Argentinian, Mexican, Peruvian, Ecuadorian, Venezuelan, Law of New York…).
Elena regularly serves as international arbitrator and has acted as Presiding Arbitrator, Party Appointed Arbitrator, Sole Arbitrator and Emergency Arbitrator.
Elena has decided cases related to corporate disputes (M&A, shareholders agreements and joint ventures), energy, construction, infrastructure, banking, shipping, international sales, and distribution and agency disputes, both involving private parties and public entities.
Elena is a Court member of the Amcham Peru Court of Arbitration, a member of ICC Arbitration Commission and the ICC International Arbitration Latin-American Group, a member of the Board of Directors of the Spanish Arbitration Club and a former Director of Arbitral Women. She is also co-founder of CEA Mujeres, co-chair of the taskforce women arbitrators of WWA LATAM and is a co moderator of the Institute for Transnational Arbitration (ITA) Latin American Forum.
Elena has an extensive academic experience and regularly teaches law of contracts, negotiation, mediation, advocacy, international litigation, international commercial arbitration, and investment arbitration in several graduate and postgraduate programs(Instituto de Empresa, ICADE, Universidad Carlos III, Universidad del Pacífico, Universidad Católica Argentina…) both in English and in Spanish.
Until December 2015 Elena served as Secretary General of the Madrid Court of Arbitration. During that time Elena supervised more than 1.000 arbitration proceedings and scrutinized more than 900 awards. Before joining the Madrid Court of Arbitration, she worked as Foreign Associate at the New York law firm Wachtell, Lipton, Rosen & Katz, and for 9 years at the International Dispute Resolution Department of the Spanish law firm Uría Menéndez in Madrid.
Elena has been recognized by Chambers Europe 2020 &2021: Most in Demand Arbitrators, Who’s Who Legal Arbitration in its 2018, 2019, 2020 and 2021 editions, and Leaders League Spain´s Best Arbitrator 2020: Highly Recommended Arbitrators and Best Lawyers 2021. She has also been acknowledged in the book “Women Pioneers in Dispute Resolution“ edited by the Deutsche Gesellschaft für Internationale Zusammenarbeit.
Elena is bilingual in English and Spanish, has a working knowledge of French and some knowledge of Italian and Portuguese.
Shan M. Greer, is a Caribbean arbitrator, mediator and advocate with more than nineteen years experience handling a wide variety of commercial disputes. While her practice carries a strong emphasis on major building and infrastructure projects, she has handled a wide range of commercial disputes in the banking and insurance, hotel and property development, oil and gas, energy, telecommunications, and water sectors.
Ms. Shan Greer is a Fellow with the Chartered Institute of Arbitrators and possesses a Masters degree in Construction Law and Dispute Resolution from Kings College London. She has worked in multiple jurisdictions and has been admitted to practice in England and Wales, Saint Lucia, Belize and St. Vincent. She is the Chair of the Caribbean Branch of the Chartered Institute of Arbitrators as well as a Regional Pathway Leader for its training programme in the Americas.
Ms. Shan Greer’s practice is primarily focused on commercial arbitration within the Caribbean. Over the past ten years, Ms. Shan Greer has been regularly appointed as an arbitrator in international and domestic disputes governed by the laws of civil and common law jurisdictions under various arbitration rules. She is currently named to the roster of commercial arbitrators with the British Virgin Islands International Arbitration Centre, Dispute Resolution Centre in Trinidad and Tobago, Dispute Resolution Association in St. Lucia and the Jamaica International Arbitration Centre. In addition, she has been nominated by Saint Lucia for inclusion in the CARICOM Secretariat’s List of Arbitrators and Conciliators established pursuant to the Revised Treaty of Chaguaramas as well as appointed a director of the Arbitration and Mediation Court of the Caribbean.