White & Case LLP - Lawyers - Andrea J. Menaker

Practice Experience

Andrea J. Menaker serves as counsel in complex cases involving contentious political issues, with a significant part of her practice focusing on international arbitration and public international law. She has extensive experience in matters involving treaty-based claims, international investment protections, sovereign immunity, and the enforcement of foreign arbitral awards. Ms. Menaker has represented clients in arbitrations before the International Centre for Settlement of Investment Disputes (ICSID) and its Additional Facility, the International Chamber of Commerce (ICC) and other arbitral institutions, as well as in ad hoc arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).

Ms. Menaker is frequently called upon to speak on international arbitration and investor-State dispute resolution issues. She has served as an Adjunct Professor at Georgetown University Law Center, where she taught international commercial arbitration for several years, and has lectured at several other universities.

Prior to joining White & Case, Ms. Menaker was Chief of the NAFTA Arbitration Division for the US State Department where she represented the United States in investor-State arbitrations under the investment chapter of the North American Free Trade Agreement (NAFTA), and participated in the drafting of investment and dispute resolution provisions in United States’ bilateral investment treaties and investment chapters of free trade agreements.

Ms. Menaker has served as counsel in numerous significant international arbitrations and related proceedings including:

Representing TECO Guatemala Holdings, LLC in connection with potential treaty claims to be filed against Guatemala under the DR-CAFTA arising out of its investment in an electricity distribution company.
Representing more than 100,000 Italian holders of Argentine sovereign bonds in an ICSID arbitration against the Argentine Republic.
Representing the Government of the Republic of the Philippines in an ICSID annulment proceeding, Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines, to defend against annulment of an award dismissing all claims against the Republic in a dispute arising under the German-Philippines bilateral investment treaty relating to investments in a company granted a concession to construct and operate a passenger airport in Manila.
Representing the Government of the Republic of the Philippines in an ICC arbitration, Philippine International Air Terminals Co., Inc. v. Republic of the Philippines, involving claims of more than $1 billion arising out of a concession contract to construct and operate an airport terminal.
Represented the Republic of Uzbekistan and OziqOvqatSanoat in a Vienna Centre Arbitration, Roz Trading Ltd. v. Coca-Cola Export Corp., Republic of Uzbekistan and OziqOvqatSanoat, in a dispute arising out of a joint venture agreement to bottle and distribute Coca-Cola products.
Represented the United States in a NAFTA Chapter Eleven/UNCITRAL arbitration, Methanex Corp. v. United States of America, involving claims totaling more than $970 million in a dispute challenging California’s regulations banning the use of a gasoline additive. All claims were dismissed and the United States was awarded more than $3 million in costs and fees.
Represented the United States in the first claims under NAFTA Chapter Eleven to be successfully consolidated, In re Consolidated Softwood Lumber Proceedings, brought by three Canadian softwood lumber companies seeking more than $500 million in a dispute involving challenges to United States antidumping and countervailing duties imposed on Canadian softwood lumber and the Byrd Amendment. All of the claims were dismissed or withdrawn and the United States recovered costs and fees against one of the claimants.
Represented the United States in a NAFTA Chapter Eleven/UNCITRAL arbitration, In re NAFTA Chapter Eleven/UNCITRAL Cattle Cases, involving claims from more than one hundred claimants for approximately $235 million in a dispute challenging the United States’ closure of the border to imports of Canadian cattle following the discovery of a case of mad cow disease in a Canadian cow. All claims were dismissed.
Represented the United States in a NAFTA Chapter Eleven/UNCITRAL arbitration, Glamis Gold Ltd. v. United States of America, involving claims of $50 million arising out of a dispute concerning federal and state actions taken with respect to claimant’s mining claims.
Represented the United States in a NAFTA Chapter Eleven/UNCITRAL arbitration, Grand River Enterprises Six Nations, Ltd. et al. v. United States of America, involving claims of more than $660 million arising out of a dispute concerning action taken in connection with the 1998 Master Settlement Agreement between various state attorneys general and the major tobacco companies.
Represented the United States in a NAFTA Chapter Eleven/ICSID Additional Facility arbitration, ADF Group, Inc. v. United States of America, involving claims for $90 million arising out of a dispute concerning federally-funded state highway procurement practices. All claims were dismissed.
Represented the United States in a NAFTA Chapter Eleven/ICSID Additional Facility arbitration, The Loewen Group, Inc. et al. v. United States of America, involving claims of $725 million arising out of a dispute concerning litigation in Mississippi state courts. All claims were dismissed.
Represented the United States in a NAFTA Chapter Eleven/ICSID Additional Facility arbitration, Mondev Int’l Ltd. v. United States of America, involving claims for $50 million arising out of a dispute concerning litigation in Massachusetts state courts. All claims were dismissed.
Represented the United States in arbitration, United States of America v. India, arising under the Investment Incentive Agreement between the two nations for losses sustained by U.S. investors and lenders to an energy project. The case was settled on favorable terms.
Represented the United States in several arbitrations under NAFTA Chapter Eleven to which the Governments of Canada and Mexico were parties, such as S.D. Myers Inc. v. Canada, Pope & Talbot v. Canada, UPS, Inc. v. Canada, Fireman’s Fund Ins. Co. v. United Mexican States, GAMI Investments, Inc. v. United Mexican States, Marvin Roy Feldman Karpa v. United Mexican States, International Thunderbird Gaming Corp. v. United Mexican States, and Bayview Irrigation District, et al. v. United Mexican States, where the United States invoked its right to make submissions on issues of treaty interpretation.
Represented the United States in successfully defending against several motions filed by Tembec Inc. and its affiliates to set aside various orders and awards rendered by a NAFTA Chapter Eleven tribunal.
Represented the United States in successfully defending against a motion to set aside the award dismissing Raymond Loewen’s claims under NAFTA Chapter Eleven; and
Represented the United States in responding to applications under 28 U.S.C. § 1782 for evidence filed by a claimant pursuing a claim under NAFTA Chapter Eleven.

Bars and Courts
New York State Bar
District of Columbia Bar

Education
JD, University of Washington School of Law, High Honors, Order of the Coif, Co-Editor-in-Chief, Law Review, Moot Court Honor Board
BS, Georgetown University, magna cum laude

Professional Associations and Memberships
Co-Chair, ASIL Dispute Resolution Interest Group (2008-present)
ASIL 2009 Annual Meeting Planning Committee
American Society of International Law
American Branch of the International Law Association
ASIL-ABILA Joint Study Panel on International Commercial Arbitration
British Institute of International & Comparative Law, Consultative Forum Member
International Law Institute, Advisory Board Member for Alternative Dispute Resolution Center
UNCTAD, Investment Experts Group

Awards and Recognition
International Who's Who of Commercial Arbitration

Publications
"What the Explosion of Investor-State Arbitrations May Portend for the Future of BITs," The Future of Investment Arbitration (ITA-ASIL, Oxford Press) 2009
"Treatment of Non-Disputing State Party Views in Investor-State Arbitrations," Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, Vol. 2, 2008
"The Energy Charter Treaty & US Investment Treaties: An Overview of Key Contrasts," Investment Protection and the Energy Charter Treaty, 2008 (with Heather Walsh)
"The Enduring Relevance of Iran-US Claims Jurisprudence in Investor-State Arbitration," The Iran-US Claims Tribunal at 25: The Cases Everyone Needs To Know for Investor-State & International Arbitration, 2007
"Benefiting From Experience: Developments in the United States' Most Recent Investment Agreements," UC Davis Journal of International Law & Policy, Vol. 21, No. 1,121, Fall 2005
"Standards of Treatment: National Treatment, Most Favored Nation Treatment and Minimum Standards of Treatment," APEC Workshop on Bilateral & Regional Investment Rules and Agreements, Ministry of Economy, Mexico, for the APEC Secretariat, 2002
"The Shareholder Proposal Process," A Practical Guide to SEC Proxy and Compensation Rules, 2d ed, 1998 Supplement (with Linda C. Quinn)
"Shareholder Proposal Reform Redux," Insights: The Corporate & Securities Law Advisor, Page 19, December 1997 (with Linda C. Quinn)
"The Shareholder Proposal Process," A Practical Guide to SEC Proxy and Compensation Rules, 2d ed, 1997 Supplement (with Linda C. Quinn)
"Burdening the Plaintiff: Proving Employment Discrimination After Kastanis v. Educational Employees Credit Union," Washington Law Review, Vol. 70, Page 260, 1994-1995

Speaking Engagements
"The United States’ Experience and what it Portends for the Future of BITs," BIICL Investment Treaty Forum, Investment Treaties at 50, London, May 2009
"Evidence Issues in Arbitration with States," PCA & UT Law School, The Hague, May 2009
"Is There a Place for Margins of Appreciation & Standards of Review in Applying International Investment Standards," 3rd Annual Investment Treaty Arbitration Conference, Juris Conferences, Washington, DC, April 2009
"When Is Environmental Protection a Taking under International Law," ABA Spring Meeting, Washington, DC, April 2009
"What Happens if the United States Loses an Investor-State Arbitration," DC Bar, Washington, DC, April 2009
"Practicing International Arbitration," Presentation to Global Scholars’ Program at Georgetown University Law Center, Washington, DC, March 2009
"Women in International Arbitration," ASIL, ABA Section of International Law & Arbitral Women, Washington, DC, March 2009
"Interim Measures of Protection, Fifth Annual Seminar on International Commercial Arbitration," American University Washington College of Law, Washington, DC October 29, 2008
"Trends & Recent Developments in Latin America Investor-State Disputes," Juris Conference on Managing Business Disputes and Legal Risk in Latin America, Miami, October 23, 2008
"The Practice & Impact of Non-Disputing State Party Intervention in Investor-State Arbitration," Third Annual Conference on International Arbitration & Mediation, Fordham Law School, New York, June 16, 2008
"Expropriation Damages & Discrete Damage Problems," Remedies in Commercial, Investment & Energy Arbitrations Conference, Houston, TX, April 2008
"Investor-State Arbitration," University of Georgia Law School, Athens, GA, November 2007
"Private Property & State Regulation," George Washington University Law School Symposium, Is There A New Common Law of Investment Arbitration?, Washington, DC, October 2007
"Investor-State Disputes: Is There A Controversy?," ICDR North America Dispute Resolution Series: ADR After NAFTA, Toronto, Canada, September 2007
"How Final an Award?: Review and Annulment in International Treaty Arbitration," DC Bar & ASIL, Washington, DC, July 2007
"Defenses Available to States in Investor-State Arbitration," International Law Institute, Washington, DC, June 2007
"The Energy Charter Treaty and Other Investment Treaties: A Comparison," ICSID-ECS-SCC Joint Conference on Investment Protection and the Energy Charter Treaty, Washington, DC, May 2007
"A Look Inside The Umbrella Clause Debate," Moderator, Juris Conference-Investment Treaty Arbitration, A Debate & Discussion, Washington, DC, May 2007
"Fair, Equitable & Ambiguous: What Is Fair And Equitable Treatment In International Investment Law?," ABA Spring Meeting, Washington, DC, May 2007
"Settlement of Disputes," Conference on Investment and Trade in Latin America: The Chilean Experience, Washington, DC, April 2007
"The North American Experience With Investor-State Arbitration Under The NAFTA," Conference on International Arbitration, Buenos Aires, Argentina, April 2007
"The Future of BITs," Fourth Annual ITA-ASIL Conference, Washington, DC, March 2007
"Investment Treaty Arbitration in the 21st Century," Faculty for Mock Arbitration, ITA, Dallas, TX, June 2006
"Treaties & International Trade: Protecting States' Interests," National Association of Attorneys General Annual Chief Deputies' Meeting, Washington, DC, May 2006
"The Regime of International Arbitration: Treaties, Statutes and Rules," International Law Institute, Washington, DC, April 2006
"The Evolution of Fair & Equitable Treatment in International Law," ASIL 100th Annual Meeting, Washington, DC, March 2006
"International Standards for Expropriation, Valuation & Awarding Damages," Third Annual ITA-ASIL Conference, The Iran-US Claims Tribunal at 25: The Cases Everyone Needs to Know for Investor-State & International Arbitration, Washington, DC, March 2006
"Methanex Corp. v. United States of America: Its Contributions to Investor-State Arbitration," Harvard University Symposium: International Investment Law at a Crossroads, Cambridge, MA, March 2006
"NAFTA Chapter Eleven: Background & Current Issues," Columbia University, McGill University & ITAM, by video-conference, February 2006
"The Influence of NAFTA Chapter Eleven on the 2004 US Model BIT and Recent FTAs," British Institute of International & Comparative Law, London, UK, December 2005
"The 2004 U.S. Model BIT," American University Washington College of Law, Washington, DC, November 2005
"Expropriation: Recent Decisions & Treaty Practice; National Treatment; MFN Treatment in Recent Decisions," UNCTAD & OAS, Advanced Course on Managing Investment Disputes, Washington, DC, November 2005
"Methanex Corp. v. US: The Aftermath," DC Bar & ASIL, Washington, DC, October 2005
"Working Without a Net: The Role of Arbitrators in Investor-State Arbitration," ABA Section of International Law, Spring Meeting, Washington, DC, April 2005
"Dispute Resolution Mechanisms in Global Trade & Investment Agreements," National Conference of State Legislatures & National Association of Attorneys General Annual Conference, Washington, DC, April 2005
"Where do Bilateral Treaties Go From Here?," UC Davis School of Law Symposium, Davis, CA, March 2005
"Investor-State Arbitration Under the NAFTA," University of Georgia Law School, Athens, GA, October 2004
"Appellate Process for Investor-State Arbitration: Is the Train Leaving Union Station?," International Law Weekend 2004, New York, October 2004
"The Expropriation Annex in U.S. FTAs; The Minimum Standard of Treatment Provision; Innovations in Investor-State Procedures in the United States' Recent FTAs and Model BIT; Review of the NAFTA Cases," UNCTAD Seminar on Negotiating Investment Agreements, Tianjin, People's Republic of China, July 2004
"NAFTA Chapter Eleven Disputes: Key Questions & Controversies Affecting Companies Doing Business Between the United States, Canada and Mexico," DC Bar, Washington, DC, May 2004
"The Regime of International Arbitration: Treaties, Statutes and Rules," International Law Institute, Washington, DC, May 2004
"NAFTA Arbitration: The U.S., Canadian, and Mexican Views," Second Annual Miami International Arbitration Conference, Miami, FL, January 2004
"The Impact of NAFTA on State Court Judgments – Welcome to the Age of Treaties, Chief Justice: You've Been Overruled!," Conference of Chief Justices, San Francisco, CA, January 2004
"NAFTA Chapter Eleven and State Sovereignty," National Conference of State Legislatures, Washington, DC, December 2003
"International Regulatory Takings Claims," Georgetown University Environmental Law & Policy Institute, New York, October 2003
"NAFTA: Its Impact on Federal Judgments and the Liability of the Federal Government," International Judicial Relations Commercial Law Working Group, Washington, DC, September 2003
"The United States' Experience With Investor-State Arbitration," UNCTAD-OAS Intensive Training Course on International Investment Agreements, Port-of-Spain, Trinidad, September 2003
"Investor-State Arbitration in the Americas: The Past, Present & Future," Inter-American Bar Association, New Orleans, LA, June 2003
"The Regime of International Arbitration: Treaties, Statutes and Rules & How to Draft an Arbitration Clause," International Law Institute, Washington, DC, April 2003
"NAFTA Chapter Eleven and the Environment," International Environmental Law Committee of the Association of the Bar of the City of New York, NY, April 2003
"Standards of Treatment in Investment Agreements Signed by the APEC Economies: National Treatment, Most Favored Nation Treatment and the Minimum Standard of Treatment," APEC Workshop on Multilateral and Regional Investment Agreements, Mérida, Mexico, May 2002
"NAFTA Chapter 11: Arbitrating Investment Disputes With Canada, Mexico & the United States," DC Bar, Washington, DC, March 2002

Languages
English
Spanish
Mandarin

Citizenship
United States