Andrea Menaker | White & Case LLP International Law Firm, Global Law Practice
Andrea Menaker
Andrea Menaker

Andrea Menaker

Partner, Washington, DC

T +1 202 626 3617

T +1 202 626 3600

E amenaker@whitecase.com

in LinkedIn profile

Andrea has been described in Chambers USA as “a very impressive, poised and excellent speaker” who “is hailed for her flawless presentation skills” and in Global Arbitration Review’s Who’s Who as “spectacular” and “tremendously skilled and highly effective.” Chambers Global notes her “reasoned, clear, and fast responses” and The Legal 500 describes her as “magnificent” and “very conscientious.”

Overview

Andrea Menaker serves as counsel in complex international arbitration cases, with a focus on investment treaty arbitration.

Andrea has represented both claimant investors and respondent States 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).

Prior to joining White & Case, Andrea was Chief of the NAFTA Arbitration Division for the US State Department where she was lead counsel for 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.

In recognition of her achievements in her field, she 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 Centre, where she taught international commercial arbitration for several years, and has lectured at several other universities.

Andrea is a member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce and is currently serving as Chair of the Programme Committee for ICCA's 2016 Congress to be held in Mauritius. She is also an executive council member of the American Society of International Law, and an elected member of the American Law Institute, where she is serving as an Adviser on the Restatement (Third) Conflict of Laws.

Andrea received a White & Case Pro Bono Award for conducting a workshop with the UNRCC on State-to-State dispute resolution for Central Asian States, and for preparing comparative law analyses for the Government of Nepal to assist in its drafting of a new constitution. In 2011, Andrea was ranked by Global Arbitration Review as one of the top 45 international arbitration practitioners worldwide under the age of 45.

Bars and Courts

  • New York State Bar
  • District of Columbia Bar

Education

  • JD, University of Washington School of Law
  • BS, Georgetown University

Languages

  • English

Experience

'Federal Elektrik Yatirim ve Ticaret A.Ş. and others v. Republic of Uzbekistan'

Representing the Republic of Uzbekistan in an ICSID arbitration under the Turkey-Uzbekistan BIT and the ECT in a dispute concerning the natural gas industry.

'Orascom TMT Investments S.à r.l. v. People's Democratic Republic of Algeria'

Representing OTMTI in an ICSID arbitration under the Belgo-Luxembourg—Algeria BIT in a dispute arising out of an investment in the telecommunications industry.

'Vladislav Kim and others v. Republic of Uzbekistan'

Representing the Republic of Uzbekistan in an ICSID arbitration under the Kazakhstan-Uzbekistan BIT in a dispute concerning two cement plants in Uzbekistan.

‘Hanocal Holding B.V. and IPIC International B.V. v. Republic of Korea’

Representing the claimants in an ICSID arbitration under the Netherlands-Korea BIT in a dispute concerning an investment in the petrochemical industry.

'The Renco Group, Inc. v. The Republic of Peru'

Representing the Republic of Peru in an UNCITRAL arbitration brought under the US-Peru FTA in a dispute concerning a metallurgical complex.

'Oxus Gold PLC v Republic of Uzbekistan'

Represented the Republic of Uzbekistan in an UNCITRAL arbitration under the UK – Uzbekistan BIT in a dispute concerning mines that contain gold, silver, and other metals. Successfully defeated more than 99% of the claimant's $ 1.3 billion claim.

'Abaclat and others v. The Argentine Republic'

Representing tens of thousands of Italian holders of Argentine sovereign bonds in an ICSID arbitration under the Italy-Argentina BIT.

'TECO Guatemala Holdings, LLC v. Guatemala'

Successfully represented TECO, a US electricity company, in an ICSID arbitration under the DR-CAFTA arising from its investment in an electricity distribution company, obtaining an award for violation of the treaty and for costs, and successfully represented TECO in ICSID annulment proceedings, defending the award and allowing it to pursue further damages and interest claims.

'Metal Tech, Ltd. v. Republic of Uzbekistan'

Successfully represented the Republic of Uzbekistan in an ICSID arbitration under the Israel-Uzbekistan BIT in a dispute arising from a joint venture engaged in mineral processing, obtaining dismissal of all claims.

'JSC BTA Bank v. The Kyrgyz Republic'

Representing JSC BTA Bank in an UNCITRAL arbitration under the Kazakhstan-Kyrgyzstan BIT in a dispute arising from an investment in a bank.

'Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines'

Represented the Republic of the Philippines in an ICSID Annulment proceeding defending an award dismissing the claimant's claims in respect of a dispute concerning an airport terminal.

'PIATCO v. Republic of the Philippines'

Successfully represented the Republic of the Philippines in an ICC arbitration sited in Singapore in a dispute concerning an airport terminal, obtaining dismissing all claims and an award of costs.

Speaking Engagements

Debate on the European Commission's Proposal for an Investment Court, June 2016: ABA-ASIL-Sidley Austin,
Washington, DC

Lecture on Investor-State Arbitration, June 2016: Columbia Law School/Chartered Institute of Arbitrators Course on International Arbitration,
New York

"Year in Review: ICSID Annulments", April 2016: GAR LIVE,
Washington, DC

"The Politics of Investment Treaties in Developing Countries", April 2016: The CATO Institute,
Washington, DC

"Is it Déjà vu or Something New? Will the EU’s Proposal for an International Investment Court Fare Better Than the United States' Pursuit of an Appellate Mechanism?", March 2016: Harvard Law School International Arbitration Conference, Keynote Speech,
Cambridge

"Towards Institutionalisation and Judicialisation: The Proposal for a Permanent Court", February 2016: Second Annual European Federation for Investment Law & Arbitration Conference,
Paris

"Tax Disputes in Investment Treaty Arbitration", December 2015: Bilateral Investment Treaty Awards: The Indian Context, Indian Council of Arbitration,
New Delhi

"Lectures on cost awards in investment arbitrations, outcomes in investment arbitrations, and challenges to ICSID awards in U.S. courts", December 2015: Intensive Course of International Investment Arbitration in the MENA Region,
Bahrain

"Doing the Math: Understanding How to Calculate Damages in International Investment Treaty Disputes", October 2015: ABA Section on International Law, Fall Meeting,
New York

"Burden & Standard of Proof in Corruption Cases", April 2015: ITA-ASIL 12th Annual Conference, Corruption in International Arbitration: Evidence & Remedies,
Washington, DC

"Conflicts & Challenges in Investor-State Arbitration: What the Future Holds", March 2015: 18th Annual IBA International Arbitration Day, ICSID's 50th Anniversary,
Washington, DC

"The Burden and Standard of Proof for Corruption in International Arbitration", November 2014: ICC Institute Annual Meeting,
Paris

"International Arbitration and the Rule of Law", October 2014: International Law Weekend,
New York

"Investment Arbitration of Natural Resource Disputes in Africa" , April 2014: ABA Int’l Section Spring Meeting,
New York

"The Objective Nature of Legitimate Expectations", March 2014: BIICL Investment Treaty Forum,
Paris

"Sovereign Crises: The Relevance of P.R.I.M.E. Finance in Financial Services Disputes Under FTAs and BITs", January 2014: P.R.I.M.E. Finance Annual Conference, The Hague

Lectures and workshops on investor-State arbitration, November 2013: Singapore International Arbitration Academy,
Singapore

"The Current State of Transparency in Investment Arbitration", October 2013: IBA Annual Conference,
Boston

"Confidential and Restricted Information in International Arbitration in the investor-State context", October 2013: ASA (Association Suisse de l'Arbitrage) Conference,
Bern, Switzerland

"Dispute Resolution", June 2013: Inter-American Development Bank Ministerial Meeting on Electricity Integration in MesoAmerica,
Washington, DC

"The Fair and Equitable Treatment Debate: More Theoretical Than Practical?", February 2013: Vale Columbia Center on Sustainable Int’l Investment,
New York

"Discovery & Privilege in Global Disputes: Navigating Issues of Jurisdiction, Ethics, and Choice of Law", October 2012: ABA Section of International Law, Fall Meeting,
Miami

"The Future of ICSID, Ad Hoc Committees, Appellate Tribunals, and Investment Arbitration", June 2012: 21st ICCA Conference,
Singapore

"Investment, Trade, Health & Environment: Is NAFTA/CAFTA More Than A Trade Agreement?", March 2012: Juris Conferences,
Washington, DC

"State Succession and Regime Change and Their Effects on Contractual and International Legal Obligations", February 2012: Institute for Energy Law, 63rd Annual Oil & Gas Law Conference,
Houston

Publications

  • The Consequences of Corruption in Investor-State Arbitration, Building International Investment Law: The First 50 Years of ICSID (eds. Meg Kinnear et al., Kluwer), 2015, (with Carolyn Lamm)
  • Proving Corruption in International Arbitration: Who Has the Burden and How Can It Be Met, ICC Dossier XIII, Ch. 5, 2015, (with Brody Greenwald)
  • The Direct Examination of Witnesses and Experts Not Called for Cross-Examination: Balancing Efficiency and Fairness, BCDR Int'l Arb. Rev., Vol. 2, No. 1, 2015, (with Noor Davies)
  • Remedies – Damages: International Financial Disputes, Arbitration & Mediation (eds. J. Golden & C. Lamm, Oxford Press), 2015, (with Suyash Paliwal)
  • The Effects of Regime Change and State Succession on Contractual and International Legal Obligations, Proceedings of the Sixty-third Annual Institute on Oil & Gas Law (IEL, CAIL), 2012
  • Courts Of Other Economic Communities: NAFTA, The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff), 2012, (with Brody Greenwald)
  • Rethinking the Negotiation of Investment Treaties, The Mauritius International Arbitration Conference 2010: Flaws and Presumptions: Rethinking Arbitration law and Practice in a new Arbitral Seat (Mauritius Gov’t printing, PCA, ed.), 2011
  • The Determinative Impact of Fraud and Corruption on Investment Arbitrations, 25 ICSID For. Inv. L.J. 67, Spring 2010
  • US Model Bilateral Investment Treaty (2004), World Arbitration Reporter (2nd ed.), 2010, (with Nicole Thornton)
  • Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investor-State Arbitration, Arbitration Under International Investment Agreements: A Guide to the Key Issues (Oxford Press), 2010
  • 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 and 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 and International Arbitration, 2007
  • Benefiting From Experience: Developments in the United States' Most Recent Investment Agreements, UC Davis Journal of Int'l Law & Policy, Vol. 21, No. 1,121, Fall 2005

Awards & Recognition

International Arbitration, Chambers USA, 2015

Public International Law, Chambers Global, 2012-present

45 Under 45, Global Arbitration Review, 2011

(list of the 45 leading global international arbitration practitioners under 45 years of age)

International Who's Who of Commercial Arbitration, 2009-present

The Best Lawyers in America, 2012-present

International Arbitration-Commercial & International Arbitration – Governmental

International Arbitration National Star and DC Local Star, Benchmark Litigation, 2009-present

Top 250 Women in Litigation, Benchmark Litigation, 2012-present

Commercial Arbitration, Expert Guides, 2009-present

Women in Business Law, Expert Guides, 2011-present

Latin Lawyer, 2014-present

Latin American Arbitration, The Legal 500, 2014-present

Pro Bono Award, White & Case, 2011