White & Case
  Anne D. Smith
Counsel
Washington, DC

T: + 1 202 626 3651
F: + 1 202 639 9355
E:
Practice Experience
Anne D. Smith's practice involves international arbitration and litigation, domestic trial and appellate litigation, and advice and counseling on regulatory issues relating to the transportation industry.

Her work includes representation of sovereigns and investors in arbitrations before such institutions as the International Centre for Settlement of Investment Disputes (ICSID), the International Court of Arbitration of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA); and claims work before the United Nations Compensation Commission (UNCC).

Her recent experience in this area includes:
  • Representing Romania in an ICSID arbitration relating to claims brought under a bilateral investment treaty in a dispute over duty-free services at Romanian airports;
  • Representing Bulgaria in an ICSID arbitration relating to claims brought under the Energy Charter Treaty in a dispute involving the operation of an oil refinery;
  • Representing a US electric power developer in an ICSID arbitration relating to claims brought against Turkey under a bilateral investment treaty;
  • Representing the Philippines in an ICSID arbitration relating to claims under a bilateral investment treaty and an ICC arbitration relating to claims under a concession contract; both disputes arising from a project to build and operate a passenger terminal at the international airport in Manila;
  • Representing a leading Czech Republic bank in an ICSID arbitration of a dispute with the Slovak Republic that resulted in an award to the bank of US$877 million;
  • Representing a Canadian real estate developer in an ICSID Additional Facility arbitration of a dispute with the United States that arose under NAFTA Chapter 11;
  • Representing Costa Rica in an ICSID arbitration of a dispute over the compensation due for expropriation of real property for inclusion in a national park;
  • Representing a US multinational in an ad hoc arbitration before the LCIA involving a contractual dispute with a foreign national; and
  • Assisting claimants from the United States, Turkey, Bosnia-Herzegovina and Kuwait in preparing successful claims for compensation from the UNCC.

Ms. Smith's trial and appellate experience encompasses cases litigated in administrative agencies, state and federal trial and appellate courts, and the US Supreme Court. These litigated matters included questions arising under the US Constitution, the Foreign Sovereign Immunity Act, the Newspaper Preservation Act, various regulatory regimes, bankruptcy law and the Civil Rights Act of 1964.

Representative cases include:
  • Representing a US Presidential Inaugural Committee in a case that challenged the constitutionality of prayer at the Presidential inaugural ceremony;
  • Representing foreign entities in cases involving application of the Foreign Sovereign Immunities Act;
  • Representing a manufacturer of alcoholic beverages in a challenge to revised US federal alcohol regulations;
  • Representing a newspaper in a challenge to a joint-operating agreement under the Newspaper Preservation Act;
  • Representing debtors and creditors in bankruptcy proceedings;
  • Representing a bank trustee in a challenge to the constitutionality of taxation of resident trusts in the District of Columbia; and
  • Representing a US corporation before the US Supreme Court in a case that determined the extraterritorial application of Title VII of the Civil Rights Act of 1964 (Boureslan v. Arabian American Oil Company).

Ms. Smith's administrative law and regulatory practice principally involves transportation law issues and issues arising under the US Foreign Agents Registration Act. She has represented aviation clients (principally foreign air carriers) in licensing, safety and rulemaking matters before the US Department of Transportation (DOT) and the Federal Aviation Administration. Ms. Smith has represented clients (carriers, investors and shippers) in licensing, merger, and finance-related proceedings before the Surface Transportation Board and various agencies of the DOT. She also advises clients on a regular basis regarding issues arising under the US Foreign Agents Registration Act.

Bars and Courts
Virginia State Bar
District of Columbia Bar
New York State Bar
US Supreme Court
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Eleventh Circuit
US District Court for the District of Columbia
US District Court for the Eastern District of Virginia

Education
JD, Georgetown University Law Center, 1976
BA, Syracuse University, cum laude, 1972

Professional Associations and Memberships
American Bar Association: Member, sections of Litigation, Administrative Law and International Law Sections
Association of Transportation Law Professionals
Women’s Transportation Seminar, WTS

Languages
English

Citizenship
United States