• University of Chicago Law School, J.D. 1991
• Harvard University, B.A. 1988

• Commercial contracts
• Energy, infrastructure and mining
• Concession agreements and other government contracts
• Corporate transactions, including M&A
• Shareholder, joint venture and partnership matters
• Financings and securities
• International investment law and investor-State dispute settlement
• Satellites and telecommunications
• Intellectual property and licensing
• Hospitality and gaming

• New York (1992)
• District of Columbia (1992)

• Arbitration Chambers, Independent Arbitrator (July 2021 – present)
• Milbank LLP, Partner in New York and Washington, DC (1998 – June 2021)
• Milbank LLP, Associate in New York (1996 – 1998)
• Cravath, Swaine & Moore LLP, Associate in New York (1991 – 1995)

Michael Nolan’s practice as an arbitrator draws on extensive experience in disputes arising from international projects and commercial transactions, including disputes involving political risk and government action. Representative appointments include the following:

• Engineering, procurement and construction (EPC) contracts for solar power projects — ICC arbitration seated in Mexico City; co-arbitrator.
• Contractual performance and management fees under a hospital management agreement following a corporate separation — SIAC arbitration seated in Singapore; co-arbitrator.
• Deferred compensation and banking regulatory measures in connection with a banking-sector acquisition — ICC arbitration seated in London; sole arbitrator.
• Satellite insurance coverage involving U.S. defense export-control considerations (ITAR) — ICC arbitration seated in Malaysia; co-arbitrator.
• An English law-governed licensing agreement and U.S. patents concerning the development, manufacture and distribution of a vaccine — LCIA arbitration seated in London; co-arbitrator.
• M&A transactions and joint venture arrangements for cellular tower development in South America, with issues arising from a party’s court-supervised insolvency reorganization — ICDR arbitration seated in New York; co-arbitrator.
• Contractual obligations arising from an M&A transaction in the agriculture sector, including recapitalization, release of guarantees and indemnities — ICC arbitration seated in Miami; co-arbitrator.
• Oil and gas exploration services and Ukraine-related sanctions against Russian individuals and companies — SCC arbitration seated in Norway; president of the tribunal.
• An Energy Charter Treaty dispute concerning an oil refinery and measures freezing its assets — annulment proceedings in Petrochemical Holding v. Romania, ICSID Case No. ARB/19/21; president of the ad hoc Committee.
• Patent licensing, patent validity and semiconductor manufacturing — ICC arbitration seated in New York; co-arbitrator.
• An Energy Charter Treaty dispute concerning investments in solar power generation — Astronergy Solar v. Bulgaria, ICSID Case No. ARB/22/32; co-arbitrator.
• An investment treaty dispute concerning a container-terminal concession at the Port of Antwerp — annulment proceedings in DP World v. Belgium, ICSID Case No. ARB/17/21; president of the ad hoc Committee.
• Post-closing adjustments and OFAC sanctions in connection with a corporate sale — ICC arbitration seated in New York; co-arbitrator.
• An investment treaty dispute concerning investments in pharmaceutical manufacturing — GMS Ventures v. Iraq, ICSID Case No. ARB/22/8; co-arbitrator.
• An investment treaty dispute concerning electricity generation and distribution tariffs — annulment proceedings in Gardabani and Silk Road v. Georgia, ICSID Case No. ARB/17/29; member of the ad hoc Committee.
• A contract for the manufacture and supply of solar cells for a project in South America, involving a Chinese-owned company — ICC arbitration seated in New York; co-arbitrator.
• Government contracts for defense system construction and services — ACICA arbitration seated in Perth; co-arbitrator.
• Disputes under subcontracts for logistics support to U.S. military forces in the Middle East, between regional subcontractors and a U.S. government contractor — multiple ICDR arbitrations seated in Virginia; co-arbitrator.
• Joint venture funding obligations under a shareholders’ agreement for post-secondary education programs in China — HKIAC arbitration seated in Hong Kong; co-arbitrator.
• Interim relief following termination of a hospitality management services agreement — ICDR arbitration seated in New York; emergency arbitrator.
• Alleged breaches of a services agreement between a professional athlete and his talent agency — AAA arbitration seated in New York; sole arbitrator.
• An Energy Charter Treaty dispute concerning an offshore oil project and restrictions on offshore exploration and production — annulment proceedings in Rockhopper v. Italy, ICSID Case No. ARB/17/14; president of the ad hoc Committee.
• An investment treaty dispute concerning cancellation of a sugar cane and ethanol development project — annulment proceedings in Ecodevelopment and EcoEnergy v. Tanzania, ICSID Case No. ARB/17/33; president of the ad hoc Committee.
• An investment treaty dispute concerning sovereign debt restructuring and banking-sector measures during the Greek financial crisis — annulment proceedings in Cyprus Popular Bank v. Greece, ICSID Case No. ARB/14/16; member of the ad hoc Committee.
• An investment treaty dispute concerning asset freezes and tax measures affecting an investment holding company — annulment proceedings in Mera Investment v. Serbia, ICSID Case No. ARB/17/2; president of the ad hoc Committee.
• An investment treaty dispute concerning agricultural land leases and expropriation of leasehold rights — annulment proceedings in Magyar Farming v. Hungary, ICSID Case No. ARB/17/27; member of the ad hoc Committee.
• An investment treaty dispute concerning taxation of the sale of a shareholding in a mobile telecommunications company — annulment proceedings in Alghanim v. Jordan, ICSID Case No. ARB/13/38; member of the ad hoc Committee.

Appointments as Mediator

• Mediated dispute between aerostructures manufacturer and subcontracted manufacturer of major components for commercial airliner program.
• Mediated compensation-related dispute in private equity sector.
• Mediated claims of age discrimination and retaliation by physician against hospital.

The following are representative matters on the public record in which Mr. Nolan served as lead counsel before becoming a full-time independent arbitrator:

• Representation of ABS Global, a Hong Kong-based satellite operator, in ICC arbitration against KTSat Corporation concerning satellite ownership and operation, orbital-slot use and International Telecommunication Union (ITU) filings, and challenges to the satellite’s sale on national security grounds. ABS’s ownership was affirmed, KTSat’s damages claims were rejected, and ABS was awarded damages for mitigation of KTSat’s breaches.
• Representation of Bayer CropScience against Dow AgroSciences in ICC arbitration concerning herbicide-resistant GMO products, a French law-governed license agreement and infringement of U.S. patents. Bayer was awarded more than US$455 million, and the award was subsequently confirmed by the U.S. Court of Appeals for the Federal Circuit.
• Successful defense of Mongolia in investment-treaty arbitrations concerning the mining sector, including Paushok v. Mongolia, in which the tribunal rejected challenges to windfall taxation and foreign-worker requirements affecting gold mining operations, and Beijing Shougang v. Mongolia, in which all claims concerning revocation of an iron ore mining license were dismissed for lack of jurisdiction.
• Representation of project companies jointly owned by Goldman Sachs Infrastructure Partners and Grupo Bursatil Mexicano in arbitration against an Abengoa subsidiary concerning the engineering, construction and installation of a Mexican wind farm. The tribunal upheld the project companies’ terminations for cause and awarded damages on their counterclaims.
• Overall responsibility for the legal strategy of Mongolia’s central bank in proceedings in Canada, Germany, Switzerland, Turkey and the United States concerning documentary letters of credit that the bank maintained had been procured by fraud. Served as lead counsel in successful U.S. litigation asserting RICO, fraud and civil-theft claims. The German proceedings resulted in Federal Court of Justice rulings protecting Mongolia’s foreign currency reserves from attachment.
• Representation of BP Migas, Indonesia’s upstream oil and gas regulator, in U.S. federal litigation concerning oil and gas concession rights in the Timor Sea and issues of foreign sovereign immunity.

He also has experience as counsel in confidential arbitrations concerning contractual price adjustments and force majeure under commercial contracts, including LNG supply contracts, power purchase agreements and other offtake agreements. Other confidential arbitrations have concerned post-closing purchase-price adjustments across a range of industries and fees payable in connection with failed or terminated corporate acquisitions.

Mr. Nolan joined Milbank’s New York office in 1996 and became a partner in 1998. Alongside his disputes practice, he worked with project finance and aviation, space and telecommunications colleagues on structuring transactions, addressing dispute resolution, governing law, investment treaty coverage and protection against political and other non-commercial risks. He also developed experience with intellectual property licensing, anti-bribery laws and sanctions programs.

He relocated to Milbank’s Washington, DC, office in 2000. Investor-State arbitration has been a focus of his practice since that time.

With Mark Kantor, Mr. Nolan developed and co-taught Georgetown University Law Center’s first course on investor-State dispute settlement in the early 2000s. He later taught international commercial arbitration at Georgetown for more than 20 years. After leaving Milbank, he also taught international business transactions at American University’s Washington College of Law. With Frédéric G. Sourgens, he co-authored two West Academic law school textbooks, on U.S. domestic arbitration and international commercial arbitration.

From 2011 through 2019, Mr. Nolan served as outside general counsel to the Intellectual Property Owners Association, a trade association of approximately 200 companies across a range of industries and technologies.

Michael has been appointed to the following panels:

• American Arbitration Association / International Centre for Dispute Resolution (AAA/ICDR) (Commercial, International and Large Complex Case lists)
• Australian Centre for International Commercial Arbitration (ACICA)
• Beijing Arbitration Commission (BAC)
• British Virgin Islands International Arbitration Centre (BVI IAC)
• Hong Kong International Arbitration Centre (HKIAC)
• International Centre for Settlement of Investment Disputes (ICSID)
• Korean Commercial Arbitration Board (KCAB)
• List of Candidates Suitable for Appointment as Chairpersons for Arbitrations and TSD Expert Panel Proceedings under EU’s Trade Agreements with Third Countries
• Shanghai International Arbitration Centre (SHIAC)
• Singapore International Arbitration Centre (SIAC)
• Dubai International Arbitration Centre (DIAC)

Mr. Nolan frequently writes about arbitration and international law. Some of his published works are listed below.

Books:

• Experiencing International Arbitration: Resolving Cross-Border Disputes (law school textbook with Frédéric G. Sourgens) (West Academic 2020).
• Experiencing Arbitration (law school textbook on U.S. domestic arbitration with Frédéric G. Sourgens) (West Academic 2019).
• Reports of the Overseas Private Investment Corporation Determinations, Vols. I and II (edited with Mark Kantor and Karl P. Sauvant) (Oxford University Press 2011).

Book Chapters:

• “At Cross Purposes”, in Take the Witness: Tales of Cross-Examination (Lawrence W. Newman and Timothy G. Nelson, eds.) (Juris Publishing 2023).
• "George Bermann: the Advocate”, in Liber Amicorum George Bermann (Julie Bédard and Patrick Pearsall, eds.) (Juris Publishing 2022).
• “Jurisdictional Challenges”, in The Guide to Challenging and Enforcing Arbitration Awards (chap. 5 with Kamel Aitelaj) (J. William Rowley, gen. ed.; Emmanuel Gaillard, Gordon E. Kaiser and Benjamin Sino, eds.) (Global Arbitration Review 2nd ed. 2021).
• “Strategic Considerations Once a Dispute Has Arisen”, in The Guide to IP Arbitration (chap. 4 with Christopher J. Gaspar, Nathaniel T. Browand and Kamel Aitelaj) (John V. H. Pierce and Pierre-Yves Gunter, eds.) (Global Arbitration Review 2021).
• “When Intellectual Property is the “Investment’: Arbitrating Against Sovereigns”, in The Guide to IP Arbitration (chap. 9 with Christopher J. Gaspar and Kamel Aitelaj) (John V. H. Pierce and Pierre-Yves Gunter, eds.) (Global Arbitration Review 2021).
• “Dispute Resolution in Project Finance Transactions”, in International Project Finance Law and Practice (chap. 16 with Tom Canning, Erin Culbertson and Paul Kinnimont) (John Dewar, ed.) (Oxford University Press 3rd ed. 2019).
• “Admissibility”, in The Investment Treaty Arbitration Review (chap. 5 with Kamel Aitelaj) (The Law Reviews 4th ed. 2019).
• “Political Risk Insurance as a Means of Managing Investment Risks”, in Business Guide to Trade and Investment, Volume 2 — International Investment (chap. 5 with Erin Culbertson) (Arthur E. Appleton and Patrick F. J. Macrory, eds.) (International Chamber of Commerce 2018).
• “Political Risk Insurance and Guarantees from Public Providers”, in Transnational Law of Public Contracts (with Frédéric G. Sourgens and Mark L. Rockefeller) (Mathias Audit and Stephan W. Schill, eds.) (Bruylant 2016).

Articles:

• “China’s Outward Foreign Direct Investment and International Investment Law”, in Journal of International Economic Law (with Karl P. Sauvant) (2015).
• “Leviathan on Life Support? Restructuring Sovereign Debt and International Investment Protection after Abaclat”, in Yearbook on International Investment Law & Policy 2011-2012 (with Frédéric G. Sourgens and Hugh Carlson) (Karl P. Sauvant, ed.) (Oxford University Press 2013).
• “The Limits of Discretion? Self-Judging Emergency Clauses in International Investment Agreements”, in Yearbook on International Law & Policy 2011 (with Frédéric G. Sourgens) (Karl Sauvant, ed.) (Oxford University Press 2012).
• “Limits of Consent - Arbitration Without Privity and Beyond”, in Liber Amicorum Bernardo Cremades) (with Frédéric G. Sourgens) (M.Á. Fernández-Ballesteros and David Arias, eds.) (La Ley, Madrid 2010).
• “The Interplay between State Consent to ICSID Arbitration and Denunciation of the ICSID Convention: The (Possible) Venezuela Case Study”, in Transnational Dispute Management (with Frédéric G. Sourgens) (September 2007).
• “The Arbitration Risk Facing Sovereign Investors”, in International Financial Law Review (with Mark Kantor and Edward G. Baldwin) (December 2005).

Georgetown University Law Center, Adjunct Professor (2001 – present)

American University Washington College of Law, Adjunct Professor (2021 – 2022)

• Fellow, Chartered Institute of Arbitrators (FCIArb)
• Fellow, College of Commercial Arbitrators (CCA)
• Member, International Advisory Committee, American Arbitration Association (2016-2021)
• Director and Audit Committee Member, American Arbitration Association (2010-2016)
• Director, New York City International Arbitration Center (NYIAC) (2013-2021)
• Member, Users Council, Singapore International Arbitration Centre
• Overseas Affiliate, COMBAR, association of English and Welsh commercial barristers

• English (native)
• Spanish (working knowledge)

United States