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“He is one of the best lawyers in the world by far - he's amazing.”
  • Stanford Law School, J.D., 1981; Order of the Coif; Associate Editor, Stanford Law Review
  • University of Virginia, Charlottesville, Virginia, B.A., with highest distinction, Political and Social Thought, 1977
  • Public international law
  • Investor-state arbitration
  • International commercial arbitration
  • New York
  • Member of Arbitration Chambers (1 September 2022 – present)
  • Partner of Debevoise & Plimpton LLP (associate 1987 – 1991; partner 1991 – 2021)
  • Legal Assistant, Howard M. Holtzmann, Member, Iran-United States Claims Tribunal, The Hague, The Netherlands (1985 – 1986)
  • Law Clerk, Associate Justice Harry A. Blackmun, United States Supreme Court, Washington, D.C. (1984 – 1985)
  • Law Clerk, Judge Abraham D. Sofaer, United States District Court for the Southern District of New York, New York, New York (1983 – 1984)
  • Law Clerk, Judge Jerome Farris, United States Court of Appeals for the Ninth Circuit, Seattle, Washington (1982 – 1983)
  • Bangladesh Accord Arbitrations, PCA Cases 2016-36 & 2016-37 (President of two arbitrations arising under the Accord on Fire and Building Safety in Bangladesh signed on 15 May 2013)
  • Carnegie Minerals (Gambia) Limited v. Republic of the Gambia, ICSID Case No. ARB/09/19 (President of an ICSID Tribunal involving claims arising under investment agreement in the mining sector)
  • SGS Société Générale de Surveillance S.A. v. The Republic of Paraguay, ICSID Case No. ARB/07/29 (Party-appointed arbitrator on ICSID Tribunal concerning claims under Paraguay-Switzerland BIT relating to pre-shipment inspection contract)
  • The Rompetrol Group N.V. v. Romania, ICSID Case No. ARB/06/3 (Party-appointed arbitrator on ICSID Tribunal concerning claims under Romania-Netherlands BIT relating to an oil refinery)
  • Co-arbitrator on ICC tribunal seated in Singapore in case arising under license agreement in the pharmaceutical sector
  • Chair of ICC tribunal seated in New York in case arising under sale and purchase agreement in the digital entertainment sector
  • Co-arbitrator on PCA tribunal seated in New York in case arising under LNG sales contract
  • Co-arbitrator on ICC tribunal seated in New York in case arising under pharmaceutical development agreement
  • Chair of ICDR tribunal seated in New York in case arising under supply agreement in medical devices sector
  • Chair of ICC Tribunal seated in New York in case arising under owners’ agreement for company in nutritional supplements sector
  • Co-arbitrator on ICC tribunal seated in Geneva in case arising under memorandum of understanding for division of assets in several industries
  • Chair of ICC tribunal seated in New York in case arising under contracts in satellite sector
  • Sole arbitrator in ICC arbitration in case seated in London arising under software development agreement
  • Chair of ICC tribunal seated in New York in case arising under technology development contracts in aeronautics sector
  • Sole arbitrator in ICDR arbitration seated in New York in case arising under technology development agreement in medical devices sector
  • Co-arbitrator on ad hoc UNCITRAL arbitration seated in Paris in case arising under coal supply contracts
  • Sole arbitrator in ICDR arbitration seated in Stamford, Connecticut, in case arising under sales representation agreement in information technology sector
  • Sole arbitrator in ad hoc arbitration seated in New York in case arising under stock purchase agreement in insurance sector
  • Chair of ICDR tribunal seated in New York in case arising under contracts to transfer importation licenses in agricultural sector
  • Co-arbitrator on ad hoc tribunal seated in Bhubaneshwar, India, in case arising under share purchase agreement in energy sector
  • Co-arbitrator on ICC tribunal seated in Luxembourg in case arising under commodity supply contracts
  • Chair of ICC tribunal seated in New York in case arising under licensing and marketing contracts in alcoholic beverage sector
  • Co-arbitrator on AAA tribunal seated in New York in case arising under contracts in the gaming and leisure sectors
  • Co-arbitrator on ad hoc tribunal seated in New York in case arising under contract for sale of fuel oil
  • Chair of ICC tribunal seated in New York in case arising under cloth sales contract

Select Cases Before International Courts:

  • Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia) (International Court of Justice) order of 7 December 2021 (Provisional Measures) (Counsellor and Advocate for Azerbaijan)
  • Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) (International Court of Justice) order of 7 December 2021 (Provisional Measures) (Counsellor and Advocate for Azerbaijan)
  • Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates) (International Court of Justice) orders of 23 July 2018 and 14 June 2019 (Provisional Measures) (Counsellor and Advocate for Qatar)
  • Request for Interpretation of the Judgment of 31 March 2004 in the Case concerning Avena and Other Mexican Nationals (Mexico v. United States of America) (International Court of Justice) Order of 16 July 2008 (Counsellor and Advocate for Mexico)
  • Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) (International Court of Justice) Judgment of 20 April 2010 (Merits) (counsel to Oy Metsä-Botnia AB in connection with dispute between Argentina and Uruguay concerning the company’s pulp mill on Uruguay River)
  • Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) (International Court of Justice) orders of 23 January and 14 September 2007 (Provisional Measures)  (counsel to Oy Metsä-Botnia AB in connection with dispute between Argentina and Uruguay concerning the company’s pulp mill on Uruguay River)
  • Avena and Other Mexican Nationals (Mexico v. United States) (International Court of Justice) Judgment of 31 March 2004 (Merits) (Counsel and Advocate for Mexico)
  • Avena and Other Mexican Nationals (Mexico v. United States) (International Court of Justice) Order of 5 February 2003 (Provisional Measures) (Counsellor and Advocate for Mexico)
  • LaGrand Case (Germany v. United States of America) (International Court of Justice) Judgment of 27 June 2001 (Merits) (Counsellor and Advocate for Germany).
  • Case Concerning the Vienna Convention on Consular Relations (Paraguay v. United States) (International Court of Justice) Order of 9 April 1998 (Provisional Measures) (Counsellor and Advocate for Paraguay)
  • Prosecutor v. Jean-Pierre Bemba Gombo (International Criminal Court), Decision Pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor Against Jean-Pierre Bemba Gombo (15 June 2009) (counsel to Amnesty International as amicus curiae)
  • Reineccius, First Eagle, and Mathieu v. Bank for International Settlements (Tribunal for the Bank for International Settlements, constituted pursuant to 1930 Hague Convention, administered by Permanent Court of Arbitration) Final Award of 19 September 2003 and Partial Award of 22 November 2002 (lead counsel and advocate for principal claimant First Eagle)
  • Guy Malary v. Haiti, Case 11.335, Report Nº 78/02 (Inter-American Commission on Human Rights) 27 December 2002 (Merits) (counsel to Lawyers Committee for Human Rights in proceeding holding Haiti responsible for failing to prosecute assassins of former Haitian Justice Minister)
  • Prosecutor v. Blaškić (Trial Chamber, International Criminal Tribunal for the Former Yugoslavia) Decision of 18 July 1997 (argued on behalf of amicus curiae Lawyers Committee for Human Rights), aff’d in part, rev’d in part (Appeals Chamber, 29 October 1997)

 

Select Cases Before Investor-State Arbitration Tribunals:

  • Barrick (PD) Australia Pty Limited v. Independent State of Papua New Guinea, ICSID Case No. ARB/20/27 (Lead counsel for Claimant)
  • Barrick (Niugini) Limited v. Independent State of Papua New Guinea, ICSID Case No. CONC/20/1 (Lead counsel for Applicant)
  • SMM Cerro Verde Netherlands B.V. v. Republic of Peru, ICSID Case No. ARB/20/14 (Lead counsel for Claimant)
  • Freeport-McMoRan Inc. v. Republic of Peru, ICSID Case No. ARB/20/8 (Lead counsel for Claimant)
  • Agility Public Warehousing Company K.S.C. v. Republic of Iraq, ICSID Case No. ARB/17/7 (Lead counsel for Respondent)
  • Pangea Minerals Limited and Bulyanhulu Gold Mining Limited v. Government of the United Republic of Tanzania, LCIA Case No. UN173686 (Lead counsel for Claimants)
  • Itisaluna Iraq LLC, et al. v. Republic of Iraq, ICSID Case No. ARB/17/10 (Lead counsel for Respondent)
  • Grenada Private Power Limited and WRB Enterprises, Inc. v. Grenada, ICSID Case No. ARB/17/13(Co-lead counsel for Respondent)
  • Tethyan Copper Company Pty Limited v. Province of Balochistan, ICC Case No. 18347/VRO/AGF (Lead counsel for Claimant)
  • Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan, ICSID Case No. ARB/12/1 (Lead counsel for Claimant)
  • Holcim Limited, Holderfin B.V. and Caricement B.V. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/09/3 (Lead counsel for Claimants)
  • Autopista Concesionada de Venezuela, C.A. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/00/5 (Lead counsel for Claimant)

 

Select Cases Before International Commercial Arbitration Tribunals:

  • Lead counsel to US insurance company in series of ad hoc arbitrations seated in New York arising from coverage disputes
  • Lead counsel to Brazilian beverage company against Central American beverage company in ICC arbitration seated in Miami arising under joint venture agreement
  • Lead counsel to US sportswear company against its European distributor in NAI arbitration seated in The Hague
  • Lead counsel to European telecommunications and digital media company in LCIA arbitration seated in London arising out of purchase of assets in multiple jurisdictions
  • Lead counsel to engineering and commissioning subcontractor against contractor in ICC arbitration seated in Singapore under EPC contract
  • Lead counsel to US company against another US company in ad hoc arbitration seated in Boston arising under pharmaceutical supply agreement
  • Lead counsel to African state against US construction company in ICC arbitration seated in London arising under construction contract
  • Lead counsel to US investment fund against African state in ICC arbitration seated in Zurich arising under series of bond agreements
  • Lead counsel to Chilean company against Argentine suppliers in ICC arbitration seated in New York under series of gas supply contracts
  • Lead counsel to Brazilian shareholder against French shareholder in three ICC arbitrations seated in São Paulo arising under shareholders agreement in retail industry
  • Lead counsel to Japanese investor in Brazilian mining company against Brazilian investors in ICC arbitration seated in New York arising under shareholders’ agreement
  • Lead counsel to Brazilian shareholders in Brazilian energy company against US shareholder in series of ICC arbitrations seated in Rio de Janeiro arising under several shareholders agreements
  • Lead counsel to Venezuelan insurance company against US insurer in ad hoc arbitration seated in London arising under retrocessional reinsurance contract
  • Lead counsel to state-owned Chinese pharmaceutical company against US company in UNCITRAL arbitration seated in Hong Kong arising under joint venture and related agreements
  • Lead counsel to Brazilian manufacturer against US company in ICC arbitration seated in New York arising under share purchase agreement
  • Lead counsel to US natural resources company against African State-owned company in ICC arbitration seated in Geneva arising under share purchase agreement
  • Lead counsel to Indian manufacturer against Italian manufacturer in ICC arbitration seated in Singapore arising under joint venture agreement
  • Lead counsel to Pakistani parties against US parties in ICC arbitration seated in New York arising under shareholders agreement in power sector
  • Lead counsel to US and Swiss parties against Russian party in arbitration seated in Moscow under auspices of Arbitration Court of Russian Chamber of Commerce and Industry
  • Lead counsel to a Canadian manufacturer of steel products in AAA arbitration seated in Cleveland, Ohio, against US company arising under long-term supply agreement
  • Lead counsel to Brazilian pulp and paper manufacturer in ICC arbitration seated in Geneva against two German companies arising under wood pulp supply agreement
  • Lead counsel to US insurance company against another US insurance company in ad hoc arbitration seated in San Francisco arising under reinsurance agreement
  • Lead counsel to Dutch manufacturer against US company in ICC arbitration seated in Paris arising under exclusive distribution agreement
  • Counsel to Japanese manufacturer against Asian government in ICC arbitration seated in London arising under joint venture agreement
  • Counsel to Japanese trading company in AAA arbitration seated in New York arising under vessel purchase contract
  • Counsel to several US companies against Middle Eastern government and its state-owned company in ICC arbitration arising under longterm natural resource concession

 

Select Cases Before U.S. Courts:

U.S. Supreme Court

  • Medellín v. Texas, 552 U.S. 491 (2008) (argued on behalf of Mexican national subject to ICJ’s Avena judgment seeking compliance with that judgment)
  • Sanchez-Llamas v. Oregon, 548 U.S. 331 (2006) (counsel to Mexican national in U.S. Supreme Court seeking suppression of evidence for violations of Vienna Convention on Consular Relations)
  • Medellín v. Dretke, 544 U.S. 660 (2005) (argued on behalf of Mexican national subject to ICJ’s Avena judgment seeking compliance with that judgment)
  • Federal Republic of Germany v. United States, 526 U.S. 111 (1999) (counsel to Federal Republic of Germany on application to file original complaint seeking enforcement of ICJ order of provisional measures)
  • Breard v. Greene, 523 U.S. 371 (1998) (counsel to Republic of Paraguay on application to file original complaint in U.S. Supreme Court and related petition for certiorari seeking enforcement of ICJ order of provisional measures)
  • Quackenbush v. Allstate Insurance Co., 517 U.S. 706 (1996) (argued on behalf of insurance company in case holding federal-court abstention inappropriate given role of Federal Arbitration Act)
  • Hartford Fire Ins. Co. v. California, 509 U.S. 764 (1993) (counsel to insurer in case addressing applicability of US antitrust law to foreign conduct with substantial effect in US)
  • Trump v. Hawaii, 138 S. Ct. 2392 (2018) (counsel to group of retired U.S. generals and admirals as amici curiae opposing executive order banning entry of individuals from certain majority-Muslim countries)
  • Bond v. United States, 572 U.S. 844 (2014) (counsel to group of negotiators and experts on Chemical Weapons Convention as amici curiae interpreting scope of Convention)
  • Boumediene v. Bush, 553 U.S. 723 (2008) (counsel to United Nations High Commissioner for Human Rights as amicus curiae in case holding that aliens detained as enemy combatants at Guantánamo Bay are entitled to habeas corpus)
  • Roper v. Simmons, 543 U.S. 551 (2005) (counsel to group of former U.S. diplomats as amici curiae in case holding application of death penalty to crimes committed by juveniles unconstitutional)
  • Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) (counsel to European Commission as amicus curiae urging rigorous international law approach to Alien Tort Statute)
  • Rumsfeld v. Padilla, 540 U.S. 1173 (2004) (counsel to group of international law professors as amici curiae in case considering authority of Secretary of Defense to hold as enemy combatant U.S. citizen arrested in United States)
  • Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995) (counsel to American Arbitration Association as amicus curiae in case affirming broad preemptive effect of Federal Arbitration Act)
  • Kadic v. Karadžić, 518 U.S. 1005 (1996) (denial of certiorari) (counsel to group of international and constitutional law professors as amici curiae urging that certiorari be denied so that claims arising from atrocities in former Yugoslavia could go forward; brief published in 30 Hastings Int’l & Comp. L. Rev. 683 (1997))

 

U.S. Courts of Appeals

  • Bolden v. United States, No. 17-1087 (8th Cir. 2021) (counsel to Government of Canada as amicus curiae in capital punishment case involving Canadian national)
  • VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II L.P., 717 F.3d 322 (2d Cir. 2013) and 605 F. App’x 59 (2d Cir. 2015) (argued on behalf of Brazilian airline in seeking enforcement of Brazilian arbitral award in United States)
  • Brzak v. United Nations, 597 F.3d 107 (2d Cir. 2010) (argued on behalf of United Nations in obtaining affirmance of dismissal of claims on basis of immunity)
  • Carty v. Thaler, 583 F.3d 244 (5th Cir. 2009) (counsel to U.K. Foreign and Commonwealth Office as amicus curiae in capital punishment case involving U.K. national)
  • Al-Marri v. Pucciarelli, 534 F.3d 213 (4th Cir. 2008) (counsel to Human Rights First and Human Rights Watch as amici curiae on appeal from denial of habeas corpus petition of Qatari national declared enemy combatant by U.S. President)
  • Nemariam v. Ethiopia, 315 F.3d 390 (D.C. Cir. 2003), and 491 F.3d 470 (D.C. Cir. 2007) (argued on behalf of class of individuals of Eritrean origin, nationality, or descent expelled from Ethiopia during 1998 war with Ethiopia in case under Foreign Sovereign Immunities Act)
  • Ntakirutimana v. Reno, 184 F.3d 419 (5th Cir. 1999) (counsel to Lawyers’ Committee for Human Rights as amicus curiae arguing that United States had international obligation to surrender detainee to International Criminal Tribunal for Rwanda)
  • Paraguay v. Allen, 134 F.3d 622 (4th Cir. 1998) (argued on behalf of Republic of Paraguay in case considering federal court jurisdiction to hear claims of treaty violations)
  • Quackenbush v. Allstate Insurance Co., 121 F.3d 1372 (9th Cir. 1997) (argued on behalf of insurer seeking to compel arbitration)
  • Progressive Casualty Insurance Co. v. C.A. Reaseguradora Nacional de Venezuela, 991
  • F.2d 42 (2d Cir. 1993) (counsel to insurer seeking to compel arbitration under Panama Convention)

 

U.S. District Court

  • Kling v. The World Health Organization, 532 F. Supp. 3d 141 (S.D.N.Y. 2021) (counsel to World Health Organization in asserting its privileges and immunities to dismiss putative class action alleging claims based on WHO’s response to COVID-19 pandemic)
  • Brzak v. United Nations, 551 F. Supp. 2d 313 (S.D.N.Y. 2008) (argued for United Nations in seeking dismissal on immunity grounds)
  • CP Construction Pioneers Baugesellschaft (Liechtenstein) v. The Government of the Republic of Ghana, 2008 WL 3319047 (D.D.C. Aug. 12, 2008) (argued on behalf of Republic of Ghana for stay of enforcement proceedings pursuant to Article VI of New York Convention).
  • Estate of Ungar v. Palestinian Authority, No. 18 MS 0302 (S.D.N.Y. 2005) (argued for United Nations as amicus curiae in asserting rights under the U.S.-U.N. Headquarters Agreement)
  • Mushikiwabo v. Barayagwiza, 1996 WL 164496 (S.D.N.Y. 1996) (obtained judgment for plaintiffs on claims under Alien Tort Statute and the Torture Victim Protection Act arising from atrocities in Rwanda)
  • North River Insurance Co. v. Allstate Insurance Co., 866 F. Supp. 123 (S.D.N.Y. 1994) (argued on behalf of insurer seeking to compel arbitration)

 

U.S. State Courts

  • Ex parte Medellín, 206 S.W.3d 584 (Tex. Crim. App. 2005) (argued on behalf of Mexican national subject to ICJ’s Avena judgment seeking compliance with that judgment)
  • Torres v. Oklahoma, 2004 WL 3711623 (Okla. Crim. App. 2004) (counsel to the Government of Mexico as amicus curiae in seeking to enforce the ICJ’s Avena judgment in case of a Mexican national subject to that judgment)
  • Quackenbush v. Mission Insurance Co., Nos. B107839, B109505 (Cal. Ct. App. 1997) (unpublished) (counsel to Allstate Insurance Company in seeking stay of proceedings in state court insurance liquidation in light of federal-court order compelling arbitration)

 

Mr. Donovan has also represented parties in a wide range of commercial disputes in federal and state courts in the United States.

 

Recognition and Rankings:

Select Honours

  • Órden Mexicana del Águila Azteca (2007) (highest order bestowed on non-Mexicans by the Government of Mexico)
  • Premio Nacional de Jurisprudencia (2006) (Mexican Bar Association; only time given to non-Mexican)
  • Honourable Man (Champions of Change) Award, ArbitralWomen (2010)

Rankings

  • Chambers Global, Public International Law — currently ranked as “Senior Statesperson.” Band 1 from inception of rankings through 2021
  • Chambers Global, Arbitration (International) — currently ranked as “Senior Statesperson.” Band 1 from inception of rankings through 2021
  • Chambers Global, Arbitration (Latin America) — currently ranked as “Senior Statesperson.” Band 1 from inception of rankings through 2021

Equivalent rankings and recognition in similar guides and publications.

  • Chambers USA Award for Excellence, Outstanding Contribution to the Legal Profession (2013)
  • Chambers Award of Excellence in International Arbitration (2006) (inaugural co-recipient with Rivkin)

Representative commentary

  • “world-class”
  • “a legend of the arbitration field”
  • “a dominant figure in the international arbitration scene”
  • “a giant in the field”
  • “a recognised leader in commercial, investment, and international law cases”
  • “one of the world’s leading practitioners in both investment treaty and commercial arbitration”
  • “obviously a brilliant public international law specialist”
  • attracting “widespread praise for his work as counsel and as arbitrator”
  • “one of the best advocates that you will ever see”
  • a “visionary”
  • an “absolute star”
  • an “arbitration superstar”
  • an “international arbitration maestro”
  • a “tremendous intellect”
  • a “truly amazing lawyer”
  • a “towering figure”
  • a “brilliant” and “superb” oral advocate
  • “the model team leader,” with “a great strategic view”
  • “combative,” “extraordinarily talented,” and “absolutely excellent, truly top of the line”
  • “his level of knowledge and expertise is unparalleled”
  • an “icon”
  • “a very experienced and respected arbitrator”
  • “one of the best lawyers in the world by far”
  • “a superb lawyer and a great thinker”
  • “an extraordinary lawyer”
  • Preserving the Judicial Function: Provisional Measures in International Adjudication, in Cian Murphy & Esmé Shirlow (eds.), By Peaceful Means: Adjudication and Arbitration of International Disputes: Essays in Honour of David D. Caron (Oxford University Press forthcoming 2023)
  • Reconsidering the Role of Legal Experts as a Means to Greater Arbitral Efficiency, in Julie Bedard & Patrick W. Pearsall (eds.), Reflections on International Arbitration: Essays in Honor of Professor George Bermann (Juris 2022) (with others)
  • Brazil as a Model Seat, in Fábio Ulhoa Coelho, Gustavo Tepedino, & Selma Ferreira Lemes (eds.), A Evolução do Direito no Século XXI:  Seus Princípios e Valores (ESG, Liberdade, Regulação, Igualdade e Segurança Jurídica):  Homenagem ao Professor Arnoldo Wald, (IASP 2022) (with Recena-Costa)
  • Arbitrating Business and Human Rights Disputes: Consent To Arbitrate and Applicable Law, in Fabrizio Marrella & Nicola Soldati (eds.), Arbitration, Contracts and International Trade Law—Essays in Honour of Giorgio Bernini (Giufrè – Francis Lefebvre 2021) (with Zamour)
  • Asia Leading the World into the Twenty-First Century: A Survey of Developments and Innovation in International Arbitration in Asia, in Neil Kaplan , Michael Pryles , et al. (eds), International Arbitration: When East Meets West – Liber Amicorum Michael Moser (Kluwer 2020) (with Goldsmith, Rivkin & Tahbaz)
  • Re-examining the Legal Expert in International Arbitration (Eleventh Kaplan Lecture, 15 November 2017), in HKIAC (ed.), International Arbitration: Issues, Perspectives and Practice: Liber Amicorum Neil Kaplan (Kluwer 2018)
  • Jurisdictional Findings on Provisional Measures Applications in International Arbitration, in Neil Kaplan and Michael J. Moser (eds.), Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles (Kluwer 2018) (with Rivkin & Tahbaz)
  • Preclusion and the New York Convention: Article V(1)(e) and Converse-Article V(1)(e), in S. Brekoulakis, J. Lew, and L. Mistelis (eds.), The Evolution and Future of International Arbitration (Kluwer 2016)
  • The Advocate in the Transnational Justice System, in D. Caron, S. Schill et al. (eds.), Practising Virtue: Inside International Arbitration (Oxford 2015)
  • Allocation of Costs, in M. Kinnear, G. Fischer et al. (eds.) Building International Investment Law: The First 50 Years of ICSID (Kluwer 2015)
  • A New Era of Investor State Arbitration?, 9(4) World Arb. & Mediation Rev. 429 (2015)
  • International Law Weekend 2014 Keynote Address: The Advocate in the Transnational Justice System, 20 ILSA J. Int’l & Comp L. 247 (2014)
  • Provisional Measures in the ICJ and ICSID: Further Dialogue and Development, in  Contemporary Issues in International Arbitration: The 2012 Fordham Papers (Martinus Nijhoff 2013)
  • The International Arbitrator as Transnational Judge, 7(1) World Arb. & Mediation Rev. 193 (2013)
  • Abaclat and others v Argentine Republic As a Collective Claims Proceeding, 27(2) ICSID Rev. 261 (2012)
  • The Present – Investment Arbitration as a Governance Tool for Economic International Relations? Introduction to the Session, in A. Van Den Berg (ed.), Arbitration – The Next Fifty Years, ICCA Congress Series No. 16, [Volume XXXVII,] (Kluwer 2012)
  • Provisional Measures in the ICJ and Investment Treaty Arbitration: Dialogue and Development, Proceedings of the 105th Annual Meeting, Harmony and Dissonance in International Law (American Society of International Law 2011)
  • The Transnational Advocate, in Albert Jan Van den Berg (ed), Arbitration Advocacy in Changing Times, ICCA Congress Series, Volume 15 (Kluwer 2011)
  • Towards a Unified Approach to the Law Applicable to the Arbitration Agreement in United States Courts, in K. Hobér et. al (eds.), Between East and West: Essays in Honor of Ulf Franke (Juris 2010) (with Rivkin).
  • El Impacto del Artículo VII, in G. Tawil & E. Zuleta (eds.), El Arbitraje Comercial Internacional: Estudio de la Convención de Nueva York con motivo de su 50º Aniversario (Abeledo Perrot 2008) (with Prager)
  • The Relevance (or Lack Thereof) of the Notion of “Mandatory Rules of Law” to Investment Treaty Arbitration, 18 Am. Rev. Int’l Arb. 205 (2007), republished  as Investment Treaty Arbitration, in G. Bermann & L. Mistelis (eds.), Mandatory Rules in International Arbitration (Juris, 2011)
  • The Emerging Recognition of Universal Civil Jurisdiction, 100 Am. J. Int’l L. 142 (2006) (with Roberts)
  • Mitsubishi After Twenty Years: Mandatory Rules Before Courts and International Arbitrators, in L. Mistelis & J. Lew (eds.), Pervasive Problems in International Arbitration (Kluwer 2006) (with Greenwalt)
  • International Arbitration in Brazil: A View From a U.S. Practitioner, Revista de Arbitragem e Mediação (April-June 2006)
  • The Public Policy Defense in Recognition and Enforcement of Foreign Arbitral Awards in US Courts, in G. Aksen (ed.), Global Reflections on International Law, Commerce and Dispute Resolution: Liber Amicorum in Honour of Robert Briner (ICC Publishing 2005)
  • The Allocation of Authority Between Courts and Arbitral Tribunals to Order Interim Measures: A Survey of Jurisdictions, the Work of UNCITRAL, and a Modest Proposal, in A. Van Den Berg (ed.), Arbitration 2012: New Horizons in International Commercial Arbitration and Beyond, ICCA Congress Series No. 12 (Kluwer 2005)
  • Universal Civil Jurisdiction: The Next Frontier?, 99 American Society of International Law Proceedings 117 (2005)
  • Introducing Foreign Clients to U.S. Civil Litigation, in B. Legum (ed.), International Litigation Strategies and Practice (ABA 2005)
  • Speak the Speech: Introduction to the 15th Annual International Commercial Arbitration Workshop: Arbitral Advocacy, 21(4) Arb. Int’l 537 (2005)
  • The Scope and Enforceability of Provisional Measures in International Commercial Arbitration: A Survey of Jurisdictions, the Work of UNCITRAL and Proposals for Moving Forward, in A. Van Den Berg (ed.), International Commercial Arbitration: Important Contemporary Questions, ICCA Congress Series No. 11 (Kluwer 2003)
  • Enforcement of Arbitration and Forum Selection Clauses, Commercial Litigation in New York State Courts (West 1995 & Supp. 2002)
  • Arbitrating Mass Claims: The Life Insurance Class Actions in the United States, 16(1) ICSID Rev. - Foreign Inv. L. J. 25 (2001)
  • International Arbitration and Dispute Resolution, International Joint Ventures 225 (PLI 2000) (with Rivkin)
  • Power of Arbitrators to Issue Procedural Orders, Including Interim Measures of Protection, and the Obligation of Parties to Abide by Such Orders, ICC Int’l Court of Arb. Bull., 1999; abridged version published as The Arbitrator’s Power to Issue Procedural and Interim Orders, ADR Currents AAA 1999); reprinted in Handbook on Commercial Arbitration (AAA 2d ed. 2010)
  • Alien Tort Claims Act and Torture Victim Protection Act: Brief of Amici Curiae in the United States Supreme Court in Kadić v. Karadžić, 20 Hastings International and Comparative Law Review 683 (1997) (counsel of record)
  • Developments in International Human Rights Litigation, 90 American Society of International Law Proceedings 71 (1996) (with Legum)
  • International Commercial Arbitration and Public Policy, 27 N.Y.U. J. Int’l L. & Pol. 645 (1995)
  • United States Reporter, Kluwerarbitration.com (2001-2019) (with, variously, Amirfar, Tahbaz, Reid, and Taft) 
  • United States Reporter, ICCA International Handbook on Commercial Arbitration (Kluwer 1999-2018) (with, variously, Holtzmann, Tahbaz, and Amirfar)
  • Adjunct Professor of Law, New York University School of Law, New York, New York, International Arbitration (2004 – 2012); International Investment Law and Arbitration (2013 – present)
  • Visiting Professor, Tsinghua University School of Law, Beijing, International Investment Arbitration (2017); Advanced Topics in International Investment Arbitration (2019)
  • General Course on Investor-State Arbitration, International Academy for Arbitration Law, Paris, France (2015 Session)
  • Visiting Professor, University of Auckland, Intensive Course in International Commercial Arbitration (with David R. Williams, Q.C.) (August 2009)

International Council for Commercial Arbitration (ICCA)

  • President (2016 – 2018)
  • Member, Governing Board (1998 – 2018)
  • Vice-President (2002 – 2010)
  • Program Chair, XIXth Congress (Dublin, 2008)
  • Program Chair, XVIIIth Congress (Montreal, 2006)
  • Honorary President (2018 – present)

American Society of International Law (ASIL)

  • President (2012 – 2014)
  • Vice-President (2008 – 2010)
  • Program Co-Chair, Centennial Meeting (2006)
  • Executive Council (2000 – 2003)
  • Program Co-Chair, Joint Meeting with The Netherlands Branch,  International Law Association (1997)
  • Honorary Vice-President (2014 – 2016)
  • Counsellor for Life (2014 – present)

Institute for Transnational Arbitration (ITA)

  • Chair, Advisory Board (2000 – 2005)
  • Co-Chair, Program Committee (1998 – 2000)
  • Workshop Co-Chair (1998)
  • Executive Committee (1998 – present)

ICC International Court of Arbitration

  • Alternate Member, Court of Arbitration (2012 – 2015)
  • Commission on International Arbitration (2001 – 2004)
  • Chair, U.S. National Committee (2000 – 2003)

US Department of State

  • Advisory Committee on International Law (2011 – 2021).

American Law Institute (ALI)

  • Adviser, Treaties, Restatement (Fourth) of the Foreign Relations Law of the United States (2013 – 2018)
  • Adviser, Restatement of the U.S. Law of International Commercial and Investor-State Arbitration (2010 – 2019)

Geneva Master in International Dispute Settlement, The Graduate Institute of International Development Studies

  • Advisory Board (2008 – present) 

Foundation for International Arbitration Advocacy

  • Advisory Board Member (2020 – present)
  • Board of Trustees (2007 – 2020)

World Arbitration and Mediation Review

  • Board of Editors (2009 – 2016)

American Bar Association

  • Co-Chair, International Litigation Committee, Section of International Law and Practice (1994 – 1997)

Association of the Bar of the City of New York

  • Council on International Affairs (1997 – 2002)
  • Committee on International Human Rights (1993 – 1996)
  • Committee on International Law (1988 – 1991)

Human Rights First

  • Board of Directors (1995 – present)
  • Co-Chair (2023 – present)
  • Vice-Chair (2022 – 2023)
  • Chair, Litigation Committee (2005 – 2023)
  • Chair, Legal Experts Project on the International Criminal Court (1997 – 1998)
  • English
  • Competent in Spanish

United States

XS
SM
MD
LG