DAVID J. A. CAIRNS Partner NATIONALITY: British/New Zealand ADDRESS: B.CREMADES Y ASOCIADOS GOYA, 18, 28001 (MADRID) TLF: (+34) 91 423 72 00 FX: (+34) 91 576 97 74 Email: d.cairns@bcremades.com d.cairns@arbitration.es AREAS OF PRACTICE International Commercial Arbitration Investment Arbitration David J. A. Cairns is a partner of B. CREMADES Y ASOCIADOS, specialising in international commercial and investment dispute resolution. His practice covers all types of contractual disputes, including international sale of goods, licensing and distribution, intellectual property, construction and infrastructure projects, joint ventures and share purchase agreements, as well as investment disputes under BIT agreements. He has extensive experience as an advocate both before international arbitration tribunals and before domestic courts. He is a Fellow of the Chartered Institute of Arbitrators, and a regular commentator on developments in Spanish and international arbitration. He was an adjunct professor at the University Carlos III of Madrid from 2004 to 2011, where he taught international arbitration practice. David J. A. Cairns regularly receives appointments as an international arbitrator. He was described in 2008 as highly regarded in the Global Arbitration Review s Top 21 for Arbitration in Spain, and in 2006 as one of the world s 45 leaders in the field of international arbitration under the age of 45 ( 45 under 45, Global Arbitration Review, 2006 Issue 1). In September 2011 David JA Cairns was designated to the Panel of Conciliators of the International Centre for the Settlement of Investment Disputes (ICSID) for a term of six years. He is an accredited mediator in the United Kingdom. ADMISSIONS 2002, Madrid 2001, England and Wales 1984, New Zealand 1
EDUCATION Universidad San Pablo-CEU, Diploma-Spanish law for EU lawyers, 2006 University of Cambridge, Ph.D, 1995 University of Toronto (Commonwealth Scholar), LLM, 1986 University of Canterbury, LLB (Hons), 1982 PROFESSIONAL ASSOCIATIONS Fellow, Chartered Institute of Arbitrators, London ICC National Committees, United Kingdom & New Zealand Member of the ICDR Panel of International Arbitrators List of Arbitrators of the Court of Arbitration for Sport (CAS), Lausanne List of Arbitrators of the American Chamber of Commerce of Peru List of Arbitrators of La Corte de Arbitraje de Madrid Member, London Court of International Arbitration Club Español del Arbitraje, Madrid International Arbitration Club, London British Institute of International and Comparative Law LANGUAGES English and Spanish REPRESENTATIVE ARBITRATION EXPERIENCE David J. A. Cairns has acted in more than 60 international and commercial disputes. His arbitration experience includes the following cases: As Arbitrator Chairman of an ICC arbitration tribunal in a dispute between Mexican and North American parties arising from a real estate joint venture contract under New York law Chairman of an ICC arbitration tribunal in a dispute between Mexican and Italian parties arising from a joint venture in the manufacturing sector Chairman of an ICC tribunal in a dispute arising from a pharmaceuticals joint venture under Spanish law Chairman of an ICC arbitration tribunal in a dispute arising from a share purchase agreement in the insurance sector under Spanish law Chairman of an AAA tribunal in a licensing and distribution dispute between US and Chilean parties in the telecommunications sector under New York law Chairman of an Arbitral Tribunal appointed pursuant to the Rules of the Corte de Arbitraje de Madrid relating to the termination of a distribution contract in the consumer healthcare sector Arbitrator appointed by a Spanish investor in an investment arbitration pursuant to a Bilateral Investment Treaty with a Caribbean State 2
Arbitrator in two LCIA arbitrations in the energy sector under English law Sole arbitrator in two ICC arbitrations involving financial derivatives under Spanish law Sole arbitrator in an ICC arbitration relating to a joint venture contract governed by Spanish law for the participation in a public works contract in Qatar Sole arbitrator in an ICC arbitration involving an international carriage of goods contract between German and Spanish companies Sole arbitrator in an arbitration arising from a management buy-out contract between Swedish and Spanish parties pursuant to the Rules of the Corte de Arbitraje de Madrid Sole arbitrator in a dispute arising from the acquisition by an Italian investor of a Spanish corporation in the pharmaceutical sector Sole arbitrator in a dispute under Spanish law between a foreign investor and a priorowner of mining rights Arbitrator appointed by the Court of Arbitration for Sport in various sport arbitrations Sole arbitrator in two arbitrations relating to domain name rights pursuant to the WIPO Expedited Arbitration Rules As Counsel ICSID arbitration on behalf of a Spanish constructor arising from an infrastructure project in Honduras (Elsamex S.A. c. República de Honduras ICSID Case No. ARB/09/4) ICSID annulment proceedings relating to a concession contract in Argentina (Compañía de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Republic, ICSID Case No. ARB/97/3) Ad hoc arbitration involving a Spanish suppliers and a Middle Eastern state construction company ICC arbitration in New York, involving heavy plant turnkey contracts in the Netherlands and Argentina ICC arbitration in Paris relating to heavy plant construction in Libya ICC arbitration between prominent French and Spanish telecommunications companies ICC arbitration subject to Spanish and French law relating to international sale of goods and bank guarantees ICC arbitration of a trademarks dispute arising from a distribution contract involving Spanish and U.S. parties 3
International arbitration in Spain arising from a contract subject to the United Nations Convention on the International Sale of Goods Ad hoc arbitration arising from civil engineering works relating to railways and telecommunications infrastructure MEDITATION TRAINING AND EXPERIENCE Accredited Mediator (U.K.); Panel of Conciliators of the International Centre for the Settlement of Investment Disputes (ICSID) Mediator appointed pursuant to the ICC ADR Rules in two disputes arising from international contracts between US and Spanish parties Member of the Comisión de Mediación of the Club Español de Arbitraje and the IBA Working Group on Investor-State mediation Formal mediation training in London and Geneva (Chartered Institute of Arbitrators, Mediation Training Course, November 1-6, 2010; WIPO Workshop for Mediators in Intellectual Property Disputes, June 2004) OTHER TRAINING AND EXPERIENCE His practice includes two areas of largely autonomous regulation of a transnational administrative nature (Internet and sports law) based on interconnecting contractual structures and raising novel issues of public policy. He has issued three Expert Determinations pursuant to ICANN s new gtld dispute resolution procedures, including both Legal Rights Objections and a Community Rights Objection, and has been a panellist in approximately 70 domain name disputes. David JA Cairns practised for nine years in New Zealand, particularly in intellectual property, pharmaceutical and regulatory litigation. He is a former litigation partner of Chen & Palmer in Wellington, New Zealand. PUBLICATIONS David J. A. Cairns is author of the following publications: Books The Remedies for Trademark Infringement, Carswell & Co, 1988 Advocacy and the Making of the Adversarial Criminal Trial, Oxford University Press, 1998 Articles Expertise in International Arbitration TDM (2013). 4
Preparation for Cross-Examination Revista de Arbitragem e Mediacão, Vol. 34, 2012, pp.337-349. National Report-Spain in The International Handbook on Commercial Arbitration (ICCA, The Hague, 2012) Supplement Nº 69, June 2012. Oral Advocacy and Time Control in International Arbitration en A. J. Van den Berg ed. Arbitration Advocacy in Changing Times (ICCA Congress Series Nº 15, Kluwer Law International, The Netherlands, 2011) pp. 181-201. Advocacy and the Functions of Lawyers in International Arbitration in M. Á. FERNÁNDEZ- BALLESTEROS & DAVID ARIAS Liber Amicorum Bernardo Cremades (Wolters Kluwer España, 2010) pp. 291-307. Cross-Examination in International Arbitration: Is it Worthwhile? in LAWRENCE W. NEWMAN & BEN H. SHEPPARD JR. eds. Take the Witness: Cross-Examination in International Arbitration (Juris, 2010) pp. 223-242. Transnational Public Policy and the Internal Law of State Parties Arab Journal of Arbitration, Vol. 10, September 2007, pp. 27-36; Transnational Dispute Management, March 2009, Volume 6, Issue 1. The Spanish Application of the UNCITRAL Model Law on International Commercial Arbitration (2006) 22 Arbitration International 573-595. Mediating International Commercial Disputes: Differences in US and European Approaches Dispute Resolution Journal, August 2005, 63-69. Supreme Decree Nº 28701: President nationalises all aspects of production and sale of hydrocarbons in Bolivia [2006] 9 International Arbitration L. R. N37-N42. The ICC Dispute Board Rules [2005] 8 International Arbitration Law Review 41-44. (also published in Spanish as El Reglamiento de la ICC relativo a los Dispute Boards) Contract and Treaty Claims and Choice of Forum in Foreign Investment Disputes in BERNARDO M. CREMADES AND JULIAN D.M. LEW (ED) Parallel State and Arbitral Procedures in International Arbitration (ICC Publication 692, 2005) at 13-41. (also published in Spanish as La seguridad jurídica de las inversiones extranjeras: la protección contractual y de los Tratados). Spain s New Arbitration Act [2004] 7 International Arbitration Law Review 39-48; (2004) ASA Bulletin 695-721; (translation of Ley 60/2003 de 23 de diciembre, de Arbitraje). Corruption, International Public Policy and the Duties of Arbitrators Dispute Resolution Journal, November 2003, 100-107. Transnational Public Policy in International Arbitral Decision-Making: The Cases of Bribery, Money laundering, and Fraud in KRISTINE KARSTEN AND ANDREW BERKELEY (ED) Arbitration: MoneyLaundering, Corruption and Fraud (ICC Publication 651, 2003) at 65-91. (also published in Spanish as Orden Público Transnacional en el Arbitraje Internacional (Cohecho, Blanqueo de Capitales y Fraude Contable). 5
The Brave New World of Global Arbitration (2002) 3 The Journal of World Investment 173-210. (also published in Spanish as El Arbitraje en la Encrucijada entre la Globalizacion y sus Detractores). Confidentiality and State Party Arbitrations (2002) New Zealand Law Journal 125. England s Procedural Revolution and Procedures Under Woolf (2000) New Zealand Law Journal 323 and 395. Numerous short articles, case-notes, etc for various journals, particularly The Dispute Resolution Journal, International Arbitration Law Review, and Arbitration and ADR. 6