Dimsey, Mariel

Managing Partner, CMS Hong Kong Head of APAC Arbitration, CMS

Experience as arbitrator (including as emergency arbitrator) under the DIS, HKIAC, ICC, and KCAB Rules, and in ad hoc disputes.

•  Institutional Appointments (together with Weigl), in Lotfi, Zielinska-Eisen and Sandler Obregon (eds), International Arbitration in Practice, Kluwer (upcoming).  "Construction" (together with Wiegand and Proestler), in Moser and Bao (eds), Managing Disputes in Today's China: Duelling with Dragons, Kluwer (2020).  Selection, Bias, and Ethics of Arbitrators in Investor-State Arbitration (together with Pramod), in Chaisse, Choukroune, Jusoh (eds), Handbook of International Investment Law and Policy, Springer (2020).  International Sales Law (together with Schwenzer and Fountoulakis), 3rd ed., Hart (2019).  Commentary on Arts. 30 and 31 CISG, in Brunner / Gottlieb (eds), Brunner Commentary on the CISG, Kluwer (2019).  Central Asian Investment Arbitration and OBOR – Learning from the Current Investment Climate, in Gorski/Chaisse (eds), The Belt and Road Initiative, Law, Economics, and Politics, Brill Nijhoff (2018) 709-733.  2018 Spells a new beginning for IP arbitration in Hong Kong, Lexology/Limegreen IP news, December 2017.  Right to Water, in Nadakavukaren Schefer, Cottier (eds), Encyclopedia of International Economic Law, Elgar (2017) 641-643.  International Arbitration and Natural Resource Protection, in Alam, Bhuiyan, Razzaque (eds), International Natural Resources Law, Investment and Sustainability, Routledge (2017) 132 – 161.  Sanctioning of Party Conduct Through Costs – A Reconsideration of Scope, Timing and Content of Costs Awards (together with Kreindler), in Shaughnessy / Tung (eds) The Powers and Duties of an Arbitrator: Liber Amicorum Pierre Karrer, Wolters Kluwer (2017) 201 – 208.  Updates to Hong Kong Arbitration Ordinance: third party funding and arbitration over IP rights, ARBlog/Lexology June 2017.  Hong Kong's Year in Review: a Resume of 2016 Arbitration Developments, in 34(3) JOIA 2017, 545 – 566.  The Hong Kong Court of First Instance Narrowly Construes the Arbitration Ordinance in Relation to Domestic Arbitrations and the Application of Schedule 2, ARBlog/Lexology January 2017.  One Step Forward, Two Steps Back – PRC Court refuses to enforce an ICC award of the ground of public policy, ARBlog/Lexology September 2016.  Hong Kong courts are to have due regard to decisions affecting an arbitral award rendered by a court at the seat of arbitration, ARBlog/Lexology September 2016.  Hong Kong Court requires substantial security to stay enforcement of an arbitral award, ARBlog/Lexology July 2016.  The principle of non-intervention in arbitral proceedings does not displace a court's inherent jurisdiction to grant injunctions, ARBlog/Lexology July 2016.  Brexit, Sanctions and the Rise of Asian Arbitral Seats – Much Ado about Nothing or Reshuffling the Cards?, ARBlog/Lexology July 2016.  Hong Kong Courts urge parties to seek anti-suit injunctions promptly, ARBlog June 2016.  Further confirmation of the pro-arbitration stance of the Hong Kong courts, ARBlog May 2016.  Hong Kong International Arbitration Center's new Shanghai office – an important milestone for arbitration in mainland China, CGSH Alert Memorandum December 2015.  Article 4. Submission by a Third Person, in D. Euler, M. Gehring, M. Scherer (eds), Transparency in Investment Law – A Guide to the UNCITRAL Standard on Transparency in Treaty-Based, Investor-State Arbitration, Cambridge (2015), 128-195.  The Applicable Law and Procedural Issues: Conceptions, Preconceptions and Misconceptions (together with Richard Kreindler), AYIA (2015), 149-168.  Commentary on Arts. 30 and 31 CISG, in Brunner (ed.), UN-Kaufrecht – CISG, Schulthess (2014), 236-257 (in German).  Conduct and Costs: How Should the Tribunal Sanction the Parties in Costs? (together with Kreindler), 80(4) Arbitration – The International Journal of Arbitration, Mediation and Dispute Management (2014), 387-398.  Foreign Direct Investment and the Alleviation of Poverty, in Nadakavukaren Schefer (ed.), Poverty and the International Economic Legal System: Duties to the World’s Poor, Cambridge (2013), 159-176.  International Sales Law (together with Schwenzer and Fountoulakis), 2nd ed., Hart (2012).  The Limits of the “Investment” Definition in International Investment Arbitration in the Context of International Sales Contracts, in A. Büchler, M. Müller-Chen (eds), Festschrift für Ingeborg Schwenzer zum 60. Geburtstag, Stämpfli Verlag (2011), 427-449  Consequences of Avoidance under the CISG, in S. Kröll, L.A. Mistelis, P.Perales Viscasillas and V. Rogers (eds), International Arbitration and International Commercial Law, Synergy Convergence and Evolution, Liber Amicorum Eric Bergsten, Wolters Kluwer Law & Business (2011), 525-550.  The Australian Carbon Pollution Reduction Scheme Bill; How Compatible is it with Bilateral Investment Treaties? (together with Zeller), 7 MqJBL 2010, 190-213.  The Resolution of International Investment Disputes, in Schwenzer (ed.), International Commerce and Arbitration (vol. I), Eleven International Publishing (2008).  International Sales Law (together with Schwenzer and Fountoulakis), 1st ed., Routledge Cavendish (2007).

Mariel is an international commercial and investment arbitration specialist. She has almost 20 years’ experience acting as advisor, advocate, and arbitrator in numerous international arbitrations covering a wide range of legal systems and industries. She is the immediate past Secretary-General of the Hong Kong International Arbitration Centre (“HKIAC”). Prior to joining HKIAC, Mariel was previously also at CMS as Partner in the Hong Kong office and Co-Head of CMS International Arbitration She has extensive experience in both common law and civil law disputes, including disputes involving Chinese parties, and has full professional fluency in German. She also sits regularly as arbitrator and has experience as arbitrator under the HKIAC, ICC, KCAB, and DIS Rules, and in ad hoc disputes. She is on the arbitrator panels of several institutions. She is a past co-chair of the HK45 Committee, and a Member of the WILHK Advisory Board. She is consistently ranked in both the regional and global editions of the leading legal directories. Mariel speaks regularly on panels about arbitration topics (including over 80 speaking engagements during her term as Secretary-General at HKIAC), but also on topics involving diversity and career development. She has published extensively, including a case book on international sales law which is currently in its third edition. Mariel is admitted as an Australian Lawyer and Hong Kong Solicitor.