White & Case
 
Eckhard R. Hellbeck
Counsel
Washington, DC

T: + 1 202 626 3621
F: + 1 202 639 9355
E:
Practice Experience
Eckhard R. Hellbeck practices in international dispute resolution with a particular focus on complex arbitration and litigation involving sovereign state parties in a broad range of industries. His experience includes public international law, investment protection under bilateral and multilateral treaties, sovereign state responsibility and immunity, and the enforcement of foreign judgments and arbitral awards. Mr. Hellbeck also advises on matters of German and European Union law. As an attorney admitted both in Germany and the United States who is fluent in English, French and German, Mr. Hellbeck is especially well positioned to work on international matters, which often require a keen knowledge of the differences between civil law and common law systems.

Mr. Hellbeck has represented sovereign and private parties in international arbitrations involving financial instruments, privatization of formerly State-owned industries in the chemical, steel, and oil and gas sectors, infrastructure projects, including in the power generation, telecommunications, transportation and real estate development sectors. Mr. Hellbeck's experience includes proceedings before the International Centre for Settlement of Investment Disputes (ICSID) and its Additional Facility, the American Arbitration Association (AAA), the London Court of International Arbitration, the Vienna International Arbitral Centre, the Stockholm Chamber of Commerce, and the International Court of Justice (ICJ). He also has advised on corporate claims before the United Nations Compensation Commission (UNCC) in Geneva, and on political risk insurance claims before the Overseas Private Investment Corporation (OPIC). Mr. Hellbeck has been appointed to the International Investment Agreements Expert Group of the United Nations Conference on Trade and Development, and as the Course Advisor for Arbitration for Judges at the International Law Institute in Washington, DC. Mr. Hellbeck is a frequent speaker and has widely published on topics of international arbitration.

Prior to joining White & Case LLP, Mr. Hellbeck was a lawyer and diplomat with the German Foreign Service for nine years. During that time, Mr. Hellbeck concentrated in international dispute resolution, multilateral affairs, export controls and economic sanctions, and international negotiation.  For example, Mr. Hellbeck participated in the negotiation of treaties between the Federal Republic of Germany and the then Soviet Union that were the precondition for German unification. For five years, Mr. Hellbeck represented Germany at the United Nations General Assembly and Security Council in New York. As a result of his tenure with the German Foreign Service, Mr. Hellbeck is acutely accustomed to working with governments on politically sensitive matters.

Significant recent experience includes:
  • Representing tens of thousands of Italian bondholders in an ICSID arbitration brought against the Argentine Republic under a bilateral investment treaty;
  • Representing the shareholders of a European company in an LCIA arbitration with related litigation in Swiss and Uzbek courts; 
  • Advising a State-owned oil company on investment treaty negotiations;
  • Representing the Republic of the Philippines in an ICSID arbitration and an ICC arbitration concerning a concession to build and operate an airport terminal;
  • Representing Bulgaria in an ICSID arbitration brought under the Energy Charter Treaty and a bilateral investment treaty, concerning the privatization of an oil refinery;
  • Advising a major US energy company in an ICSID arbitration against a Latin-American State;
  • Representing the largest Czech bank in an ICSID arbitration against the Slovak Republic on claims for losses arising out of a defaulted loan extended to a special purpose vehicle of the Slovak Republic in the context of the consolidation and subsequent privatization of the bank. The case resulted in a landmark award of approximately $900 million for our client;
  • Representing Romania in an ICSID arbitration, brought under a bilateral investment treaty, concerning the privatization of a steel mill, in which the investor's claims were dismissed in their entirety;
  • Advising counsel to the Indonesian state-owned oil and gas company in resisting enforcement in courts around the globe of an arbitral award entered against it for over $261 million, and in having that award annulled in an Indonesian court;
  • Representing a Belgian corporation in a US court action to enforce an ICC arbitral award of over $30 million against the Republic of Yemen;
  • Representing the Republic of Indonesia in an ICSID arbitration brought under a bilateral investment treaty involving the privatization of a cement company;
  • Representing a German investment fund manager involved in the secondary life insurance market in an AAA arbitration and subsequent settlement arrangements;
  • Representing an agency of the Russian Federation in a Stockholm Chamber of Commerce arbitration relating to the US-Russian Agreement on the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons;
  • Advising a Middle Eastern telecommunications company on claims concerning its investment in another Middle Eastern country;
  • Representing the Republic of Chile in an ICSID arbitration, conducted in French and Spanish, of a politically highly sensitive claim brought under a bilateral investment treaty by a dual national of Chile and Spain for expropriation of a newspaper enterprise;
  • Representing the Republic of Chile in an ICSID arbitration of a dispute arising under a bilateral investment treaty relating to a real estate development;
  • Representing a major Canadian real estate developer in an arbitration before ICSID's Additional Facility of a dispute with the United States, arising under the investment protection provisions of NAFTA;
  • 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;
  • Advising a leading US bank on the first-ever political risk insurance claim by a lender against OPIC relating to a power project in Colombia;
  • Advising leading US power companies on claims against their political risk insurance carriers concerning a power project in Brazil and India;
  • Advising one of Turkey's largest construction companies on its claims before the UNCC arising out of a project to build one of the world's largest hydroelectric power dams in Iraq; and 
  • Representing the Republic of Costa Rica before the ICJ in an advisory opinion proceeding involving the United Nations and Malaysia.

Bars and Courts
District of Columbia Bar
New York State Bar
Frankfurt am Main Bar
US District Court for the District of Columbia

Education
Second State Exam, Düsseldorf, with honors, 1998
LLM, American University, Washington College of Law, Outstanding Graduate Award, 1986-1987; Topics Editor, American University International Law Review, 1986-1987
First State Exam, Berlin, 1986
Freie Universität Berlin, 1984-1986
Hague Academy of International Law, 1984
Universität des Saarlandes, Saarbrücken, 1982-1984

Professional Associations and Memberships
American Society of International Law: International Dispute Resolution Interest Group
Corresponding Editor, International Legal Materials
District of Columbia Bar: International Law Section, International Dispute Resolution Committee
German American Law Association
American Bar Association: Sections of International Law and Litigation
International Bar Association: Arbitration and ADR Committee, International Litigation Committee

Awards and Recognition
Outstanding Graduate Award 1987
Philip C. Jessup International Law Moot Court Competition 1984 (German national champions, received Richard R. Baxter Memorial Award and Alona E. Evans Award for overall best written pleadings)

Publications
"State Court Intervention in International Arbitration: The United States Perspective," 26 ICSID Review-Foreign Investment Law Journal 94, 2011 (co-authored with Carolyn B. Lamm)
"Investment Protection Under the New ASEAN-Australia-New Zealand Free Trade Agreement," International Disputes Quarterly, Winter 2010
"Users' Perspectives on Challenges Facing the Institutions in a Changing World," 24 ICSID Review-Foreign Investment Law Journal 23, 2009 (co-authored with Carolyn B. Lamm, Michael P. Daly & Matthew N. Drossos)
"Anti-Suit Injunctions in Aid of International Arbitration: The American Approach," 12 International Arbitration Law Review 115, 2009 (co-authored with Carolyn B. Lamm and Joseph R. Brubaker)
"Investment Treaty Arbitration: A Strategic Option or Legal Defense? Background Notes," ABA Section of International Law Conference: Resolution of Russia-Related Business Disputes: The Next Wave? Moscow, Sept. 21, 2009 (co-authored with Carolyn B. Lamm)
"Apple & Eve, LLC v. Yantai N. Andre Juice Co. Ltd.," 12 International Arbitration Law Review at N-49, 2009 (co-authored with Carolyn B. Lamm and Daniel J. Hickman)
"RZS Holdings AVV v. PDVSA Petroleos S.A.," 12 International Arbitration Law Review at N-34, 2009 (co-authored with Carolyn B. Lamm and Joseph R. Brubaker)
"Life Receivables Trust v. Syndicate 102 at Lloyd's of London," 12 International Arbitration Law Review at N-25, 2009 (co-authored with Carolyn B. Lamm and Damon Martichuski)
"Sokol Holdings Inc. v. BMB Munai Inc.,” 12 International Arbitration Law Review at N-23, 2009 (co-authored with Carolyn B. Lamm and Lauren Matherne)
"Introductory Note: ICSID: Desert Line Projects LLC v. Republic of Yemen," 48 International Legal Materials 79, 2009
"The New Frontier of Investor-State Arbitration: Annulment of NAFTA Awards," 11 International Arbitration Law Review 58, 2008 (co-authored with Carolyn B. Lamm and Chiara Giorgetti)
"Editorial: International Arbitration Law Review—Special Issue on US Law," 11 International Arbitration Law Review 1, 2008 (co-authored with Carolyn B. Lamm and Chiara Giorgetti)
"The Allocation of Jurisdiction Between International Arbitral Tribunals and Local Courts in Investor-State Disputes," International Bar Association Annual Conference working paper, Prague, 2005 (co-authored with Abby Cohen Smutny)
"When to Arbitrate Rather than Litigate," The International Litigation Manual, Barton Legum ed., American Bar Association, 2005 (co-authored with Carolyn B. Lamm)
"Dispute Resolution in Washington, DC," Getting the Deal Through, 2005 (co-authored with Carolyn B. Lamm, Amanda Johnson Miller and Sabina Sacco)
"US Energy Corp and Crested Corp v. Nukem Inc and Cycle Resource Investment Corp—Case Remanded to Arbitration Panel Almost One Decade Later," 8 International Arbitration Law Review at N-29, 2005 (co-authored with Carolyn B. Lamm)
"Emissions Mechanism Needed for EU Trading," World-Generation, Vol. 16, No. 4, Sept./Oct. 2004
"Nicor International Corporation v. El Paso Corporation,” 7 International Arbitration Law Review at N-69, 2004 (co-authored with Carolyn B. Lamm and Epaminontas Triantafilou)
"Bridas SAPIC v. Government of Turkmenistan," 7 International Arbitration Law Review at N-55, 2004 (co-authored with Carolyn B. Lamm and Anna L. Kovina)
"Recognition and Enforcement of Foreign Judgments in the United States and England," Transatlantic Commercial Litigation and Arbitration, John Fellas ed., Oceana, 2004 (co-authored with Carolyn B. Lamm, Kamilla Tokhtaeva and Michael Polonsky)
"Post-Confirmation Remand of Arbitral Award to Arbitrator for Clarification Permitted," 6 International Arbitration Law Review at N-51, 2003, also published in the IBA Committee D Newsletter, and in White & Case's International Dispute Resolution Newsletter (co-authored with Carolyn B. Lamm)
"The Enforcement of Foreign Arbitral Awards Under the New York Convention: Recent Developments," 5 International Arbitration Law Review 137, 2002 (co-authored with Carolyn B. Lamm)
"Action to Confirm Foreign Arbitral Award Dismissed for Lack of Personal Jurisdiction—Base Metal Trading, Limited v. Novokuznetsky Aluminum Factory," 5 International Arbitration Law Review, 2002 (co-authored with Carolyn B. Lamm)
"The Implications of National and International Environmental Obligations for Foreign Investment Protection Standards, Including Valuation—A Report from the Front Lines," International Investments and the Protection of the Environment—The Role of Dispute Settlement Mechanisms at 19, The Permanent Court of Arbitration/Peace Palace Papers, Kluwer Law International, 2001 (co-authored with Charles N. Brower)
"In the Matter of the Arbitration Between P.M.I. Trading Limited v. Farstad Oil, Inc.—Arbitrators' Reliance on Parties' Agreement Rather than on Common Trade Usage is not 'Manifest Disregard of the Law'," 4 International Arbitration Law Review at N-18, 2001 (co-authored with Carolyn B. Lamm)
"Existence of Arbitration Agreement Properly Determined by Court—US Titan v. Guangzhou Zhen Hua Shipping Co., Ltd.," 4 International Arbitration Law Review at N-9, 2001 (co-authored with Carolyn B. Lamm)
"American Arbitration Association Develops New E-Commerce Dispute Management Protocol," 4 International Arbitration Law Review at N-1, 2001 (co-authored with Carolyn B. Lamm)
"Sandvik AB v. Advent International Corp.—Party Claiming Invalidity of Contract Cannot Enforce Contract's Arbitration Clause," 3 International Arbitration Law Review at N-73, 2001 (co-authored with Carolyn B. Lamm)
"Karen L. Suter v. Munich Reinsurance Company—Service of Suit Clauses," 3 International Arbitration Law Review at N-63, 2001 (co-authored with Carolyn B. Lamm)
"International Cultural Property Society v. Walter de Gruyter & Co. Berlin—New York—Action to Enjoin Foreign Arbitration," 3 International Arbitration Law Review at N-46, 2001 (co-authored with Carolyn B. Lamm)
"Publicis Communication v. True North Communications, Inc.—Recognition and Enforcement of an Arbitral Tribunal's 'Order'," 3 International Arbitration Law Review at N-45, 2000; reproduced in LCIA News, vol. 6, issue 1, at 9, 2001 (co-authored with Carolyn B. Lamm)
"US Supreme Court Holds that Venue Provisions of the Federal Arbitration Act are Permissive—Cortez Byrd Chips Inc. v. Bill Harbert Construction Co.," 3 International Arbitration Law Review at N-35, 2000 (co-authored with Carolyn B. Lamm)
"US Court of Appeals Grants Petition to Preserve Evidence in Aid of Arbitration—In the Matter of Deiulemar Compagnia Di Navigazione SpA for the Perpetuation of Certain Evidence," 3 International Arbitration Law Review at N-33, 2000 (co-authored with Carolyn B. Lamm)
"Arbitration Clause Extends to Non-Signatory by Estoppel—International Paper Company v. Schwabedissen Maschinen & Anlagen GmbH," 3 International Arbitration Law Review at N-31, 2000 (co-authored with Carolyn B. Lamm)
"Kaufrecht," chapter on German and international sales law in AnwaltFormulare, attorney desk book published by the German Bar Association (co-authored with T. Heidel, S. Pauly and A. Amend eds., 1st ed. 1997, 2nd ed. 2000, 3rd ed., with Katja Schmitz and Wolfgang Walchner, 2002)
"Provisional Measures of the International Court of Justice—Are They Binding?" 9 A.S.I.L.S. International Law Journal 169, 1985
"Naturalia v. Industria," award-winning briefs for Philip C. Jessup International Law Moot Court Competition 1984, 8 A.S.I.L.S. International Law Journal 163, 1984
"Philip C. Jessup International Law Moot Court Competition 1984 in Berlin and Washington," Juristische Schulung 325-26,1985
"Fortbildungsseminar der Gesellschaft für Deutschlandforschung," Recht in Ost und West 46-48, conference report on legal questions of divided Germany, 1985
"Umweltschutz in beiden Teilen Deutschlands," Recht in Ost und West 168-170, conference report on environmental law in East and West Germany, 1985

Speaking Engagements
"The Arbitration Procedure," International Law Institute "Arbitration for Judges" Seminar, August 18, 2011
"Tools to Protect: Arbitration and Bilateral Investment Treaties," American University, Washington College of Law, November 3, 2010
"International Investment Treaty Arbitration," Institute for US Law "Introduction to U.S. Law" Seminar, August 20, 2010
"International Arbitration of Individual Claims Against the State," International Law Students Association, Spring Conference, March 26, 2010
"Implications of the Global Financial Crisis on Trade and Investment Regimes," American Society of International Law, Annual Meeting, March 26, 2010
"Getting Started in International Commercial Arbitration," American University, Washington College of Law, September 22, 2009
"Pathways to Employment in International Law," George Mason University School of Law, September 9, 2009
"Enforcement and Setting Aside of Arbitral Awards," International Law Institute Arbitration and Mediation Training Seminars, April and November 2007, October 2008
"Drafting an Arbitration Clause," International Law Institute Arbitration and Mediation Training Seminar, April 2008
"When Arbitration is the Solution," presentation at American Bar Association CLE Teleconference "International Litigation Strategies and Practice," December 8, 2005
"Can Domestic Courts Handle Transnational Disputes?" Panel contribution at Building A World Community: The Challenges For Legal Practitioners, International Legal Studies Alumni Reunion, American University, Washington College of Law, Washington, DC, April 3, 2000

Languages
English
French
German

Citizenship
Germany