White & Case LLP - Lawyers - Abby Cohen Smutny

Practice Experience

Abby Cohen Smutny’s practice focuses on international dispute resolution through arbitration or litigation.

She often serves as lead counsel in high-stakes cases involving contentious political issues, complex claims for compensation and legal issues of first impression. She has particular experience in matters involving public international law and treaty based claims, international investment protections, expropriations, disputes with state enterprises, issues of state responsibility, sovereign immunity, political risk, and the enforcement of foreign judgments and arbitral awards.

Ms. Smutny regulary represents clients in arbitrations before ICSID and its Additional Facility, the ICC, the Vienna International Arbitral Centre, the LCIA, as well as in ad hoc arbitration, such as under the UNCITRAL Rules.

Ms. Smutny has been recognized repeatedly for her leading expertise in Chambers Global Guide to the World's Leading Lawyers, Who’s Who Legal, The Best Lawyers in America, and other guides to the profession. She frequently speaks on international arbitration and investor-State dispute resolution and has lectured at Cambridge University's Lauterpacht Research Centre for International Law and at American University’s Washington College of Law on developments in international investment arbitration.

Significant recent representations include:

In Československá obchodní banka, a. s. v. Slovak Republic, representing one of the leading banks in the Czech Republic in an ICSID arbitration of a dispute with the Slovak Republic in which our client was awarded $877 million, the largest ICSID award to date by far;
In Noble Ventures, Inc. v. Romania, representing Romania in an ICSID arbitration of a dispute arising under a bilateral investment treaty relating to the privatization of steel facilities in which claims of investor were dismissed in their entirety;
In Plama Consortium Limited v. Republic of Bulgaria, representing the Republic of Bulgaria in an ICSID arbitration of a dispute arising under the Energy Charter Treaty and bilateral investment treaties involving the operation of an oil refinery in which claims of the investor were dismissed in their entirety and our client obtained a sizable cost award;
In PSEG Global Inc. and Konya Ilgın Elektrik Üretim ve Ticaret Limited Şirketiv v. Republic of Turkey, representing a US electric power developer in an ICSID arbitration of a dispute with the Republic of Turkey arising under a bilateral investment treaty in which our client obtained an award granting it the return of its project development costs with interest plus legal fees and costs;
In Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines, representing the Philippines in an ICSID arbitration of 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 in which claims of the investor were dismissed in their entirety;
In EDF (Services) Ltd v. Romania, representing Romania in an ICSID arbitration of a dispute arising under a bilateral investment treaty relating to a concession to provide duty free and other retail services at Romanian airports;
Representing a consortium of investors in a dispute with a municipality regarding the implementation of a water concession contract before the International Arbitral Centre of the Austrian Federal Economic Chamber;
In Philippine International Air Terminals Co., Inc. v. The Government of the Republic of the Philippines representing the Republic of the Philippines in an ICC arbitration involving claims of over $1 billion arising out of a concession contract to construct and operate an airport terminal;
In Giovanna A. Beccara and others v. Argentine Republic, representing 195,000 Claimants in an ICSID arbitration of a $4.4 billion dispute arising under the Italy-Argentina bilateral investment treaty relating to Argentina’s default on the payment of sovereign bonds;
In Trans-Global Petroleum Inc. v. Hashemite Kingdom of Jordan, representing Jordan in an ICSID arbitration of a dispute arising under the U.S.-Jordan bilateral investment treaty relating to a oil production sharing agreement;
In S&T Oil Equipment and Machinery v. Romania, representing Romania in an ICSID arbitration of a dispute arising under a bilateral investment treaty relating to the privatization of several companies;
In Aguaytia Energy, LLC v. Republic of Peru, White & Case representing Peru in an ICSID arbitration of a dispute involving electricity transmission in Peru;
In Cemex Asia Holdings Ltd v. Republic of Indonesia, representing the Republic of Indonesia in an ICSID arbitration of a dispute relating to investments in a cement facility arising under contracts and the ASEAN treaty;
In MTD Equity Sdn. Bhd. and MTD Chile S.A. v. Republic of Chile, representing the Republic of Chile in an ICSID arbitration of a dispute arising under a bilateral investment treaty relating to a real estate development project;
In AES Summit Generation Ltd v. Republic of Hungary, representing the Republic of Hungary in an ICSID arbitration of a dispute arising under the Energy Charter Treaty and a bilateral investment treaty relating to power purchase agreements;
In Mondev International Ltd. v. United States of America, representing a major Canadian real estate developer in an arbitration before ICSID’s Additional Facility of a dispute with the United States of America arising under NAFTA’s Chapter 11;
In Compañía del Desarrollo de Santa Elena S.A. v. Republic of Costa Rica, representing the Republic of Costa Rica in an ICSID arbitration of a dispute relating to the expropriation of real property for purposes of environmental conservation;
In Eudoro A. Olguín v. Republic of Paraguay, representing a Peruvian national in the jurisdictional phase of an ICSID arbitration of disputes against the Republic of Paraguay arising under a bilateral investment treaty;
In Amco Asia Corporation and others v. Republic of Indonesia, representing the Republic of Indonesia against claims of expropriation in ICSID arbitration including in annulment proceedings;
In Manufacturers Hanover Trust Company v. Arab Republic of Egypt and General Authority for Investment and Free Zones, representing Manufactures Hanover Trust Company claiming expropriation of its investment through abusive tax regulation;
Representing a Belgian corporation seeking to enforce an ICC arbitral award of over $30 million against the Republic of Yemen in US courts;
Representing a US company in an ICC arbitration commenced by Iran regarding military procurement contracts;
Representing a US company in an ICC arbitration of disputes with a North African State and its national oil company involving oil concessions;
Representing private companies presenting claims of indirect expropriation under policies of political risk insurance arising from investments in Europe and Latin America;
Preparing over $1 billion of claims for submission to the United Nations Compensation Commission (UNCC) in Geneva on behalf of nationals of Bosnia-Herzegovina, Kuwait, Turkey and the United States; and
Serving as sole arbitrator in various ICC arbitrations involving distributorship agreements and licensing agreements.

Bars and Courts
New York State Bar, 1991
District of Columbia Bar, 1993
US District Court for the District of Columbia

Education
JD, University of Chicago School of Law, 1990
AB, Vassar College, cum laude, 1986
Université des Langues et Lettres de Grenoble, (Certificate), 1986
London School of Economics and Political Science, (Certificate), 1985

Professional Associations and Memberships
International Bar Association, Investment Treaty Subcommittee of Arbitration Committee, Chair, 2008
Swiss Arbitration Academy, Advisory Committee Member, 2008
Institute for Transnational Arbitration, Advisory Board, Member, 2006-, Executive Committee, Member, 2006-
Investmentclaims.com, Advisory Board, Member, 2006-
Global Arbitration Review, Editorial Board, Member, 2006-
Journal of International Arbitration, Editorial Board, Member, 2006-
Transnational Disputes Management, Advisory Board, Member, 2006-
American Society of International Law, Executive Committee, Member, 2000-2002, Executive Council, Member, 1999-2002
District of Columbia Bar Association, International Law Section, Chair, 1999-2000, Steering Committee, Member, 1998-2000
American Bar Association, Section of International Law and Practice
International Law Association
British Institute for International and Comparative Law

Awards and Recognition
The Best Lawyers in America
Euromoney's Expert Guide to the Leading US Lawyers – Best of the Best USA
American Lawyer's Fab Fifty, up-and-coming litigators under the age of 50
Global Arbitration Review, Leading Lights 45 under 45
Chambers Global, International Arbitration
Chambers USA, International Arbitration
Euromoney Experts Guide to the World's Leading Experts in International Commercial Arbitration
Asialaw Leading Lawyers
Who’s Who in Public International Law
Who's Who in American Law
Who's Who of Commercial Arbitration
Who's Who of Business Lawyers
Global Counsel Handbook, PLC Dispute Resolution, Leading Lawyers Worldwide
Legal 500 USA, International Arbitration

Publications
"Foreign Investment and Political Risk: What You Should Know About Investment Protection Treaties (Parts I & II)," Bloomberg European Law Journal, Vol. 2, Nos. 6 & 7, June 2008 & July 2008 (co-authored with Stephen T. Ostrowski)
"Principles of Compensation in Investment Treaty Arbitration," ICSID Review Foreign Investment Law Journal, Vol. 22, No. 1, Spring 2007
"The 2006 Amendments to ICSID's Arbitration Rules," Global Arbitration Review, Vol. 1, Issue 4, August 2006 (co-authored with Erika M. Serran)
"ICSID Annulment," Investment Treaty Law: Current Issues, Vol. 1, BIICL, 2006
"State Responsibility and Attribution: When Is a State Responsible for the Acts of State Enterprises?," International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, Cameron May 2005
"ICSID Arbitration: Procedural Review," Transnational Dispute Management, Vol. II, Issue 2, April 2005
"Arbitration Before the International Centre for Settlement of Investment Disputes," 2002 Business Law International, 367, September 2002
"How To Commence An International Arbitration," Practitioner's Guide To International Arbitration and Mediation, Juris Publishing, 2001 (co-authored with Stephen Bond)
"The International Centre for Settlement of Investment Disputes: Responses to Problems and Changing Requirements," Mealey's International Arbitration Report, 1, Vol. 12, November 1997 (co-authored with Carolyn B. Lamm)
"Arbitration Agreements versus Forum Selection Clauses: Legal and Practical Considerations," International Dispute Resolution: The Regulation of Forum Selection [Fourteenth Sokol Colloquium], J.L. Goldsmith, ed. 1997 (co-authored with Charles N. Brower)
"The Effect of Independence of Quebec Upon Treaties and Agreements with the United States of America," The American Review of Canadian Studies, 57, Vol. 27, Spring 1997 (co-authored with Charles N. Brower)
"Enforcing ICSID Arbitration Agreements," ICSID Review Foreign Investment Law Journal, 64, Vol. 11, 1996 (co-authored with Carolyn B. Lamm)
"Recent Decisions Involving Arbitral Proceedings," The International Lawyer, 271, Vol. 30, 1996 (co-authored with Charles N. Brower)
"Revisiting the Federal False Claims Act," National Contracts Management Association Journal, 13, Vol. 26, 1995 (co-authored with Carolyn B. Lamm)

Languages
English
French

Citizenship
United States