Reasoning in Arbitral Awards, Why? How? Control and Sanction under Swiss law
Teresa Giovannini, 2020In: International Chamber of Commerce, Publication Explaining why you lost: Reasoning in Arbitration,
Chapter 6, pp. 80-87, July 2020
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Teresa Giovannini is a founding partner of LALIVE and now Senior Counsel specialising in international arbitration, as well as art law. She has participated in more than 200 international arbitrations (inter alia 119 as arbitrator, including 89 as presiding or sole arbitrator), either ad hoc, in particular UNCITRAL, or administered by various institutions including AAA/ICDR, ICC, ICHEIC, ICSID, LCIA, SCC, Chamber of Commerce of Milan, Chamber of Commerce of Venice and Swiss Chambers (Geneva, Zürich and Ticino), including setting aside proceedings with the Swiss Supreme Court. Her areas of specialization include disputes relating to procurement contracts, sales, license, agency, joint venture and shareholder agreements in a wide range of sectors, in particular infrastructure projects, aviation, transfer of technology, construction of turnkey factories, pharma and biotechnology, insurance, luxury goods and arts.
Teresa Giovannini has been a member of the ICC Court of Arbitration and the ICC Commission on Arbitration and ADR (2015 – 2021). In 2022, as a new member of the Swiss National Committee, she was appointed Delegate to the ICC Commission on Arbitration and ADR. She was a member and vice-president of the LCIA Court (2006 – 2011), a member of the Arbitral Council of the Milan Chamber of Arbitration (1997 – 2005) and a member of the Board of Directors of the American Arbitration Association (2011 – 2022).
Teresa Giovannini is also a member of several panels of arbitrators, including the ICC Swiss National Committee, the panels of the ICDR, the Beijing Arbitration Commission (BAC), the CIETAC, the CRCICA, the DIAC, the ICHEIC and the LCIA. Since 2012 she has been included on the ICOM-WIPO List of Mediators with specific expertise in art and cultural heritage. She is currently a member of the global advisory board of the New York International Arbitration Centre (NYIAC), the Advisory Board of the Transnational Arbitration Association, the LCIA Company and the Club of Arbitrators of the Milan Chamber of National and International Arbitration. She is also a past member of the Council of the ICC Institute of World Business Law and of the International Law Association Committee on Arbitration (Swiss Member). She furthermore presides the ICDR Committee on Ethics.
Mrs Giovannini is a member of several other professional associations, including ASA (Swiss Arbitration Association), the Swiss Society of International Law, the Swiss Society of Jurists, the Comité français de l’arbitrage, the International Arbitration Institute, the International Arbitration Club, and the International Bar Association (Arbitration and Art, Cultural Institutions and Heritage Law Committees).
Teresa Giovannini is also a frequent speaker at international conferences on international arbitration as well as the author of many publications in the field of international law and arbitration. She has been ranked for many years by Chambers Europe and Chambers Global for Dispute resolution – Arbitrators for Switzerland, as well as in the International Who’s Who of Commercial Arbitration. She has recently been listed among the Best Prepared/Most Responsive Arbitrators by the Global Arbitration Review (GAR).
Before joining Lalive Budin & Partners in 1985, Teresa Giovannini trained in Rome (Chiomenti & Partners, 1983-1985) and in Geneva (Turrettini & L’Huillier, 1981-1983), after having worked as a legal counsel in Geneva (University Hospital, 1977-1981) and in Freiburg (Public Health Department of the Cantonal Government). She graduated from the University of Freiburg in Switzerland and studied at The Hague Academy of International Law (1974).
"Always guarantees the highest possible quality for any client."
Legal 500, Switzerland - Dispute Resolution: Arbitration, 2022
Ranked as a leading global practitioner.
Who’s Who Legal, Thought Leaders, Arbitration, 2022
Recommended as Global Leader in Arbitration.
Who’s Who Legal, Thought Leaders, Global Leader, 2021
Teresa Giovannini is “a very experienced arbitrator” with notable expertise in construction, energy and pharmaceutical disputes.
Who’s Who Legal, Thought Leaders, Switzerland, Arbitration, 2021
Ranked as Thought Leader in Arbitration.
Who’s Who Legal, Thought Leaders, Switzerland 2020
Ranked as Thought Leader in Arbitration.
Who’s Who Legal, Thought Leaders, Switzerland 2019
Founding partner Teresa Giovannini is an experienced and prominent name in the international arbitration market who earns plaudits as "very conscientious and prepared, and a pleasure to work with", according to impressed peers.
Who’s Who Legal, Switzerland, 2019
Ranked as a leading figure in Arbitration.
Who’s Who Legal, Thought Leaders in Arbitration, 2018
‘Cutting-edge practitioner’ Teresa Giovannini ‘is very responsive, to-the-point and practical in her advice’.
Legal 500, Switzerland, Dispute Resolution: Arbitration, 2018
Teresa Giovannini advises on international arbitration and draws praise from peers and clients for her work as an arbitrator. She is experienced in matters pertaining to the pharmaceutical, construction and energy sectors.
Chambers Global, Dispute Resolution: Arbitrators, Switzerland (Band 4), 2017
Teresa Giovannini is exceedingly well versed in international arbitration, and wins praise for her great “dedication and professionalism”.
Who’s Who Legal : Arbitration, 2017
Teresa Giovannini earns praise for her experience as an arbitrator. She has acted on matters across the world, including Paris, and has recent experience of construction cases.
Chambers Global, Switzerland, Dispute Resolution: Arbitrators, 2016
Teresa Giovannini is “well regarded by all who have seen her in action”, and her experience encompasses more than 160 international arbitrations, including over 110 as arbitrator, 80 as presiding or sole arbitrator.
Who’s Who Legal: Arbitration, 2016
Teresa Giovannini is “very well known” for her arbitration practice, which sees her representing clients across the globe.
Who's Who Legal, Switzerland, 2015
Teresa Giovannini is a “formidable lawyer” who specialises in dispute resolution relating to procurement contracts, sales, licence, agency, joint venture and shareholder agreements.
Who's Who Legal, Switzerland, Arbitration, 2015
Teresa Giovannini is a well-established figure in this area, winning recognition for her skills as an arbitrator.
Chambers Global, Dispute Resolution: Arbitrators (Band 3), Switzerland, 2015
A “greatly respected” lawyer with experience in dispute relating procurement contracts, sales, licence, agency, joint venture and shareholders agreements.
Who's Who Legal, Arbitration, 2015
Praised for her “impressive skill set”; she has acted in more than 150 international arbitrations.
Who's Who Legal, Switzerland, Arbitration, 2014
Teresa Giovannini is widely respected as an experienced and savvy arbitrator. Her impressive market standing is shown by her membership of a plethora of arbitration panels, including her position as a member of the board of directors of the AAA and ICDR.
Chambers Global, Dispute Resolution, Switzerland, 2014
Founding partner Teresa Giovannini is commended for her ‘personable approach'.
The International Who's Who of Commercial Arbitration, 2014
Teresa Giovannini is ‘very well known' and a veteran of more than 140 international arbitrations as counsel and arbitrator.
Who's Who Legal, Switzerland, 2013
Teresa Giovannini is ‘outstanding'.
Who's Who Legal, Switzerland, 2012
In: International Chamber of Commerce, Publication Explaining why you lost: Reasoning in Arbitration,
Chapter 6, pp. 80-87, July 2020
Arts and Collections Magazine, Vol. 2, 2019, pp. 70-71
In: Bruylant (éd), Arbitrage international et intérêts publics, 2019, p.57-75
The Chartered Institute of Arbitrators Journal, vol. 83, N° 4, p. 436 - 446
In: P. Shaughnessy and S. Tung (éds.), The Powers and Duties of an Arbitrator - Liber
Amicorum Pierre A. Karrer, Wolters Kluwer, 2017, pp. 103-111
Revue de l’Arbitrage, Comité Français de l’Arbitrage, Volume No 1, 2017, pp. 39-50
B-Arbitra – Belgian Review of Arbitration, 2015/1, pp. 17-39
In: B. Ehle and D. Baizeau (Eds.), Stories from the Hearing Room: Experience from Arbitral Practice. Essays in Honour of Michael E. Schneider, Wolters Kluwer, 2015, pp. 59-76
Dispute Resolution Journal, May-July 2011, pp. 78-79 and 90
In: Lapis Ed., La prova nell'arbitrato internazionale, Quaderni dell'Arbitrato, ISSA, 2011, pp.147-183
In: Liber Amicorum, Mélanges en l'honneur de Serge Lazareff, Ed. Pedone, Paris 2011, pp. 305-314
ICSID Review, Foreign Investment Law Journal, Vol. 25, No. 2, Fall 2010, pp. 498-503
In: Liber Amicorum Bernardo Cremades, La Ley (Ed.), pp. 495-509
In: R. Doak Bishop/E. G. Kehoe (Eds.), The Art of Advocacy in International Arbitration, Part VI: Regional Differences in International Arbitration, Chapter 21, "The Continental European Perspective and Practice of Advocacy", 2nd Ed., Juris Publishing, May 2010
Vindobona Journal of International Commercial Law and Arbitration (2010) 14, pp. 297-313
Dossiers (VI) Institute of World Business Law, ICC Publication No. 698, 2009
Stockholm International Arbitration Review, 2007, Vol. 2, pp. 211
In: Sapper/Von Selle/Weichsel (Eds.), Kunst im Konflikt: Kriegsfolgen und Kooperationsfelder in Europa, Berlin, Deutscher Verlag, Osteuropa, 2006, pp. 341-353
Stockholm International Arbitration Review, 2005, Vol. 1, pp. 201-218
In: Rosell (Ed.), Les arbitres internationaux, Colloque du 4 février 2005, Société de législation comparée, Paris, 2005, Vol. 8, pp. 135-144
Les Cahiers de l'Arbitrage, 2004, Vol. 124, pp. 25-30
The Permanent Court of Arbitration/Peace Palace Papers, 2004, Vol. 7, pp. 339-348
ASA Bull. 2/2004, Vol. 22, pp. 284-297
In: Van den Berg (Ed.), International Commercial Arbitration: Important Contemporary Questions, Kluwer Law International, The Hague, 2003, pp. 348-352
Revue du Droit des Affaires internationales, 2002, No. 6, pp. 629-641
Art Antiquity and Law, 2002, Vol. 7, pp. 263-280
International Bar Association Review (Section on Business Law), January 2001, No. 1, pp. 115-127
The Chartered Institute of Arbitrators Journal, 2000, Vol. 66, pp. 203-206
The International Legal Forum, IPR Verlag, 1999, No. 3-4, pp. 137-146
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2018
Tutor: The awards
Chartered Institute of Arbitrators (CIArb)
Diploma in International Commercial Arbitration 2018
2016
University of Oxford, Queen’s College
Chartered Institute of Arbitrators (CIArb) Diploma Course in International Commercial Arbitration, 2016
Day Four, Workshop II and Day Five, “Procedure for the Arbitration”
2015
University of Oxford, Institute of European and Comparative Law, BCL/MJur International Commercial Arbitration
Distinguished Guest Seminar Series
“Ex officio Powers of tribunals to investigate the facts and the law: when do arbitrators cross the line?” And “The Arbitrator’s Initiative: Facilitating the Settlement of the Dispute”
WWL ARBITRATION 2022: LALIVE AGAIN RANKED AS TOP GLOBAL ARBITRATION FIRM
Who’s Who Legal recognises 19 LALIVE practitioners in its arbitration guide 2021
Who’s Who Legal recognises 23 LALIVE practitioners in its Arbitration and Litigation guides
LALIVE ranked as the top dispute resolution firm in Switzerland by Handelsblatt
LALIVE practitioners recognised as Thought Leaders in Switzerland
LALIVE 7th worldwide for its number of ranked arbitration lawyers in Who’s Who Legal
LALIVE Newsflash: New developments in provenance research in Switzerland regarding looted art
Teresa Giovannini appointed to the International Court of Arbitration
Teresa Giovannini appointed to the New York International Arbitration Centre (NYIAC) global advisory board
LALIVE again ranked as one of the top firms worldwide for international commercial arbitration (February 2013)
Teresa Giovannini appointed member of Advisory Board of the newly created Chinese European Arbitration Centre (CEAC)
Teresa Giovannini appointed as a Member of the LCIA Court (10 January 2006)
CPR – Launch of Rules on Administered Arbitration of International Disputes
CPR – Launch of Rules on Administered Arbitration of International Disputes
Global Arbitration Review – 3rd Annual GAR Live
Global Arbitration Review – 3rd Annual GAR Live
ASA Arbitration Practice Seminar
ASA Arbitration Practice Seminar