Debevoise Partner Shares World of Experience at IBA

David W. Rivkin, a litigation partner at Debevoise & Plimpton who splits his time between New York and London, recently was elected secretary-general of the International Bar Association. He is the first American in more than two decades to hold one of the bar group's top three positions.

As co-chair of Debevoise's international dispute resolution group, Rivkin, 55, has handled international arbitrations throughout the world and before virtually every major arbitration institution. The subjects of these arbitrations have included long-term energy concessions, investment treaties, joint venture agreements, insurance coverage, construction contracts, distribution agreements and intellectual property.

The London-based International Bar Association, established in 1947, is comprised of 40,000 individual attorney members and nearly 200 bar groups, including the New York City Bar and the American Bar Association, each of which has a seat on the IBA's council. The group seeks to influence the development of international law reform and shape the future of the legal profession throughout the world.

Q: The International Bar Association touts its "expertise in providing assistance to the global legal community." What exactly does that mean?

A:The IBA brings together the best legal experts in their fields from around the world focused on business law issues, such as antitrust, arbitration, banking, securities, litigation, mergers and acquisitions and on the practice of law and the impact of lawyers in society.

The IBA publishes many reports and guidelines that have a substantial influence on law and regulation. For example, the Arbitration Committee, which I once headed, drafted the IBA Rules on the Taking of Evidence in International Arbitration, which are now used as the norm in most international commercial arbitration proceedings. Most recently, the IBA published a substantial report on financial industry regulation following the financial crisis.

The IBA's Human Rights Institute promotes the rule of law and human rights throughout the world. For example, it helped establish a bar association for lawyers in Afghanistan and provides ongoing support to that fledgling organization.

Q: As secretary-general of the group, what precisely is your role?

A: I work with the bar association and law society members on projects of mutual interest. I advise and direct certain projects involving the best delivery of services to our individual members. In addition, I represent the IBA's president at various events around the world.

I will probably spend 25 to 50 hours on IBA business each month, in addition to maintaining my full practice for clients.

Q: What is the IBA doing in relation to the current turmoil in Egypt and the Middle East?

A: The IBA's Human Rights Institute was alerted to the arrest and detention of more than 30 lawyers, human rights defenders and journalists in Egypt. It is alleged that during a raid by Egyptian police officers 22 lawyers were arrested. The institute sent a letter of intervention to the Office of the President of the Arab Republic of Egypt expressing concern over the arrests and detentions.

While several of those arrested have now been released, the institute has urged the Egyptian authorities to release all those being unlawfully detained and to take all necessary measures to ensure that international and domestic law is upheld.

The human rights ramifications of what is taking place in the Middle East will be discussed at the IBA's annual conference this fall, which will take place in Dubai, the first time in its 64-year history that the event will be held in the Middle East.

Q: In what country would you say the bar group is most active in providing legal assistance at this moment?

A: The IBA is active on a number of fronts, in a number of countries, at any given time. Currently, in Bogota, Colombia, lawyers are receiving anti-corruption training as part of the global fight against corruption.

The IBA has partnered with the United Nations and local crime and drug enforcement agencies to conduct workshops with managing partners of the most representative law firms in Argentina, Chile, Colombia, Mexico and Peru. The intention is to expand the training to Asia and Eastern Europe and eventually to have anti-corruption training in all regions of the world by 2012.

Q: The bar group's current president is Akira Kawamura of Japan and its vice-president is Michael Reynolds of Belgium. With leaders and members from so many nations, are there instances of miscommunication due to cultural differences?

A: Akira, Michael and I are good friends. We have known and worked with each other for many years. We communicate regularly and extremely well about activities and issues as they arise. In fact, diversity of experience and backgrounds is one of the strengths of the IBA.

When we drafted the IBA Rules on the Taking of Evidence in 1999, our committee was composed of international arbitration experts who came from common and civil law backgrounds. There are, of course, many differences in the manner in which court trials and arbitrations are conducted in these systems. Our committee found common ground in these traditions, and we were able to develop rules that have now become commonplace in international arbitrations throughout the world. For example, our standards for document requests requires a greater showing of need and specificity than is common in the United States and England, but provide for greater access to internal documents of opposing parties than is generally permitted in courts in civil law countries.

Q: You recently won one of the largest International Chamber of Commerce arbitration awards ever, valued at some $750 million, for your client Hyundai Heavy Industries (HHI). What was the case about?

A: The case involved claims and counterclaims by two shareholders in one of Korea's largest oil refining companies, Hyundai Oil Bank (HDO). HHI claimed that the majority shareholder, International Petroleum Investment Corp. (IPIC), a company owned by the government of Abu Dhabi, took inappropriate actions to withhold dividends from HHI, which had the effect of IPIC continuing to hold additional rights. IPIC alleged that HHI had taken steps to prevent it from selling a portion of its shares. The contract provided that if either company was in material breach, the other could purchase all of its shares at 25 percent less than the fair market value.

The arbitral tribunal agreed with HHI that IPIC had materially breached the agreement. HHI was therefore able to purchase all of IPIC's shares for $750 million less than its fair market value.

Q: What's the primary difference between the role of an arbitrator and that of a litigator?

A: As co-chair of Debevoise & Plimpton's international dispute resolution group, I represent clients in international commercial arbitrations, investment treaty arbitrations and litigation in U.S. courts between parties from different countries. As an advocate in either arbitration or litigation, my role is essentially the same: to gather the facts, understand the relevant law and present our client's case in the most effective and efficient manner. In either situation, it is important for the advocate to understand the decision-makers and their perspectives. As a result, presenting a case to three arbitrators from three different legal systems is different from presenting a case to a U.S. federal judge or to an American jury.

In addition, international arbitration provides significantly greater procedural flexibility. It is possible to shape the procedures in each case to fit the particular needs of the case.

Q: As a panelist on the Court of Arbitration for Sport, you have been involved in handling disputes at three Olympic Games: Beijing 2008, Athens 2004 and Salt Lake City 2002. Which dispute stands out in your mind as the thorniest to settle?

A: Being able to serve as an arbitrator at three Olympic Games has been a wonderful way to combine my professional experience with my personal passion for sports. While those disputes have been interesting, however, the most challenging cases have been outside the Olympics. For example, I have sat on the Floyd Landis and Tyler Hamilton doping arbitrations. My most interesting case has been that of Oscar Pistorius, the South African double-amputee runner who wished to compete against able-bodied runners. The International Association of Athletics Federations ruled that he could not do so, because his blades purportedly provided an advantage over able-bodied runners. After we heard evidence from experts from both sides on the matter, we concluded that the blades did not in fact provide an advantage, and we allowed him to compete. Unfortunately, he was not able to qualify for the Beijing Olympics, but he hopes to do so for the London Olympics next year.

Q: You are slated to share your experience as a sports arbitrator with delegates attending an international summit in Rio de Janeiro, ahead of Brazil hosting the 2014 FIFA World Cup and the 2016 Olympics. What are the top three points you intend to press?

A: That Court of Arbitration of Sport (CAS) rules present an efficient method of resolving sports disputes; they can also be applied to other disputes relating to the Olympics, such as regarding building infrastructure in Brazil for the World Cup and the Olympics; and we should learn what we can from CAS arbitration to make international commercial arbitration more efficient.

Q: Your practice involves parties and hearings held around the world. Do you have a favorite nation or venue to practice in?

A: Frankly, each nation is interesting. I try to make a point of taking long walks and of going to local restaurants wherever I travel, so that I can actually feel that I have been somewhere. Otherwise, hotel rooms and offices tend to look very much the same.

Q: Given all your work-related traveling, where's your favorite place to vacation?

A: We have been able to vacation on literally every continent within the past few years. Perhaps I enjoy the vacations in Asia the most, because of the time differences. While there, it is possible to keep up with clients in the office by checking e-mails and phone calls in the morning or evening, but the rest of the day we can enjoy entirely without burden while New York sleeps.