Andrea Menaker
Biography
Overview
Andrea Menaker is Head of the Firm's Public International Law Group and specializes in investment arbitration, where she has represented respondent States and claimant investors in equal measure in some of the most ground-breaking investment arbitration cases. Andrea also has an active practice in relation to enforcement of arbitral awards and has coordinated such actions worldwide for clients, in addition to serving as expert witness on investor-State issues.
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 that she is "excellent" and "very capable of moving with the punches and dealing with difficult counterparties," and The Legal 500 describes her as "magnificent" and "very conscientious." In 2011, Andrea was ranked by Global Arbitration Review as one of the top 45 international arbitration practitioners worldwide under the age of 45.
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.
Andrea is an Executive Committee member of the Swedish Arbitration Association and an elected member of the American Law Institute. She is a former Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce, the Hong Kong International Arbitration Centre, and the Association Suisse de l'Arbitrage; a former member of the Executive Council of the American Society of International Law; and served as Chair of the Programme Committee for ICCA's 2016 Congress in Mauritius. She has been appointed to the ICDR Panel of Arbitrators and the P.R.I.M.E. Finance panel of experts.
Andrea received a White & Case Pro Bono Award for conducting a workshop with the UNRCCA 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.
Andrea 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.
Experience
Andrea has served as counsel in numerous significant international arbitrations and related proceedings including:
Devas v. Republic of India: lead counsel coordinating the defense of India across multiple jurisdictions (the U.S., U.K., France, Australia, Luxembourg, and Canada) in which the claimants have been pursuing enforcement of an approximate $150 million award against India issued by a Netherlands-seated Permanent Court of Arbitration tribunal in an arbitration arising under the Mauritius-India BIT. Counsel of record for filing of an amicus submission before the US Supreme Court in a related proceeding.
Deutsche Telekom AG v. Republic of India: lead counsel coordinating the defense of India across multiple jurisdictions (the U.S., Singapore, Germany and Luxembourg) against enforcement of a $132 million award pursued by Deutsche Telekom issued by a Swiss-seated tribunal in an arbitration arising under the Germany-India BIT. Argued appeal before the DC Circuit Court of Appeals.
Tethyan Copper Company Pty Ltd. v. Islamic Republic of Pakistan: represented Pakistan in an ICSID revision proceeding in connection with an arbitration under the Australia-Pakistan BIT arising out of a dispute concerning the world's largest undeveloped copper mining project that had resulted in an award in excess of US$ 6 billion. Represented Pakistan in the successful settlement of the case, which will result in the development of the project and will bring innumerable benefits to Pakistan and, particularly, the Province of Balochistan.
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 TECO to pursue further damages and interest claims. Subsequently, obtained a significant award in the resubmission proceeding and represented TECO in another annulment proceeding brought by Guatemala. Successfully enforced the first award, recovering the full amount owed, and settled the last proceeding, obtaining full payment.
Daniel W. Kappes and Kappes, Cassiday & Associates v. Guatemala: representing claimants in an ICSID arbitration under the DR-CAFTA arising from their gold mining investments. Successfully defeated respondent's preliminary objections and awaiting a ruling on the merits.
JSC Mechanical Plant and Others v. The Kyrgyz Republic: represented the claimants in an ICSID Additional Facility arbitration under the Uzbekistan-Kyrgyzstan BIT and Kyrgyz Foreign Investment Law in a dispute concerning the expropriation of their hotel properties, obtaining a favorable award for the full amount sought.
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 containing gold, silver, and other metals. Successfully defeated more than 99% of the claimant's $1.3 billion claim.
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 by proving corruption in the making of the investment.
The Renco Group, Inc. v. Republic of Peru: successfully represented the Republic of Peru in an UNCITRAL arbitration brought under the US-Peru FTA in a dispute concerning a metallurgical complex, obtaining dismissal of all claims.
Kornikom EOOD v. Republic of Serbia: representing the claimant in a pending ICSID arbitration under a BIT in a dispute concerning an underground coal mining operation.
Gramercy Funds Management LLC and Gramercy Peru Holdings LLC v. Republic of Peru: represented Peru in defending against a $ 1.9 billion claim alleging treaty breaches arising from Peru's issuance of 1969-era Agrarian Reform bonds. Claimants were awarded only sunk costs.
Cairn Energy Plc v. Republic of India: defended India across multiple jurisdictions in which Cairn Energy PLC and Cairn UK Holdings Ltd. sought to enforce a $1.4 billion investment treaty arbitral award arising out of a dispute in connection with imposition of a tax, which claims were successfully settled.
JSC BTA Bank v. Kyrgyz Republic: represented JSC BTA Bank in an UNCITRAL arbitration under the Kazakhstan-Kyrgyzstan BIT in a dispute arising out of an investment in a bank (which claims were settled).
Abaclat and others v. Argentine Republic: represented tens of thousands of Italian bondholders of Argentine sovereign bonds in an ICSID arbitration under the Italy-Argentina BIT, obtaining a favorable award on jurisdiction and, after full briefing and a hearing on the merits, a favorable settlement.
Federal Elektrik Yatirim ve Ticaret A.Ş. and others v. Republic of Uzbekistan: represented the Republic of Uzbekistan in an ICSID arbitration under the Turkey-Uzbekistan BIT and the ECT in a dispute concerning the natural gas industry, with a favorable outcome.
Vladislav Kim and others v. Republic of Uzbekistan: represented the Republic of Uzbekistan under the Kazakhstan-Uzbekistan BIT in a dispute concerning two cement plants.
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.
Philippine International Air Terminals Co., Inc. v. Republic of the Philippines: successfully represented the Republic of the Philippines in an ICC arbitration seated in Singapore in a dispute concerning an airport terminal, obtaining dismissal of all claims and an award of costs.
WorleyParsons International v. Republic of Ecuador: represented claimant in an investment arbitration under the Ecuador-US BIT in a dispute arising out of project management contracts for large oil and gas projects.
Orascom TMT Investments S.à r.l. v. People's Democratic Republic of Algeria: represented OTMTI in an ICSID arbitration under the Belgo-Luxembourg-Algeria BIT in a dispute arising out of an investment in the telecom industry and in the ensuing ICSID annulment proceeding.
Hanocal Holding B.V. and IPIC International B.V. v. Republic of Korea: represented the claimants in an ICSID arbitration under the Netherlands-Korea BIT.
X v. Y State: advised the investors on the feasibility of bringing annulment proceedings after an adverse award in an ICSID arbitration involving a Central European State.
Roz Trading Ltd. v. Coca-Cola Export Corp., Republic of Uzbekistan and OziqOvqatSanoat: represented the Republic of Uzbekistan and OziqOvqatSanoat in a Vienna Centre arbitration in a dispute arising out of a joint venture agreement to bottle and distribute Coca-Cola products.
Glamis Gold Ltd. v. United States of America: successfully represented the United States in an UNCITRAL arbitration under the NAFTA in a dispute concerning federal and state actions taken with respect to the claimant's mining claims, obtaining dismissal of all claims and an award of costs.
Methanex Corp. v. United States of America: successfully represented the United States in an UNCITRAL arbitration under the NAFTA concerning a dispute challenging California's regulations banning the use of a gasoline additive, obtaining dismissal of all claims and an award of costs.
In re Consolidated Softwood Lumber Proceedings: successfully represented the United States in a consolidated UNCITRAL arbitration under the NAFTA brought by three Canadian softwood lumber companies in a dispute involving challenges to US antidumping and countervailing duties imposed on Canadian softwood lumber and the Byrd Amendment, obtaining dismissal or withdrawal of all claims and an award of costs against one of the claimants, and successfully represented the US in related set-aside proceedings.
In re NAFTA Chapter Eleven/UNCITRAL Cattle Cases: successfully represented the United States in an UNCITRAL consolidated arbitration under the NAFTA involving more than 100 claimants in a dispute challenging the United States' closure of the border to imports of Canadian cattle, obtaining dismissal of all claims.
Grand River Enterprises Six Nations, Ltd. and others v. United States of America: successfully represented the United States in the jurisdictional phase of this UNCITRAL dispute under the NAFTA concerning action taken in connection with the 1998 Master Settlement Agreement between various state attorneys general and the major tobacco companies, obtaining dismissal of significant portions of the claim.
ADF Group, Inc. v. United States of America: successfully represented the United States in an ICSID Additional Facility arbitration under the NAFTA in a dispute concerning federally funded state highway procurement practices, obtaining dismissal of all claims.
The Loewen Group, Inc. and others v. United States of America: successfully represented the United States in an ICSID Additional Facility arbitration under the NAFTA in a dispute concerning litigation in Mississippi state courts and subsequent actions in federal court seeking to set aside the award.
Mondev Int'l Ltd. v. United States of America: successfully represented the United States in an ICSID Additional Facility arbitration under the NAFTA in a dispute concerning litigation in Massachusetts state courts, obtaining dismissal of all claims.
United States of America v. India: represented the United States in an arbitration arising under the Investment Incentive Agreement for losses sustained by US investors and lenders to an energy project, obtaining a favourable settlement.
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.
Book Launch, "Making BIT 2.0 Work," Ministry of Commerce, New Delhi, March 2025
Sovereign & States Disputes and Enforcement Summit 2025, "Looking to the Future of Investor-State Dispute Settlement", London, January 2025
W&C and ICSID training on Investment Arbitration for Tanzania, Paris, December 2024
Arbitrator on Mock Tribunal, "Enforcement of Intra-EU Investment Awards", NY Arbitration Week, New York, November 2024
"Suing Foreign Sovereigns when the King does us Wrong: US, UK and Canadian Statutory and Interpretive Takes on Restrictive Sovereign Immunity", ABA ILS Fall Conference, London, November 2024
SCC Business Seminar, "Swedish Arbitration with a Profound Global Reputation," London, October 2024
London Conference on International Law, "A Decade Later: Are we any Closer to a Multilateral Investment Court or an Appellate Body for Investor-State Arbitration?", London, October 2024
Supreme Court of India & PCA International Arbitration Conference, "The Proposal for a Multilateral Investment Court", New Delhi, September 2024
Moldova Arbitration Days, "Investment Arbitration and Protection of Foreign Investments in Moldova", Chișinău, May 2024
"The Legacy of Johnny Veeder" at International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C., April 2024
"McNair Annual Legal Review", London, January 2024
Thirteenth Investment Treaty Arbitration Conference, "Judicial Expropriation", Prague, October 2023
London Int'l Disputes Week, "Disputes Involving States Arising out of War", London, May 2023
GAR Live: BITs 2023, "What Would You Do?", London, May 2023
Paris Arbitration Week, Swedish Arbitration Association, "Highlights of the Past Year in Int'l Arb", Paris, March 2023
"Commercial Arbitration Developments in the United States", UNCITRAL - MEA South Asia Conference, New Delhi, September 2023
ICSID & ADGM: Investment Treaty Arbitration in the Middle East, State-Owned Enterprises in Investment Arbitration, Abu Dhabi, March 2022
Workshop on Investment Treaty Arbitration for Polish Government Officials, April 2021
Workshop on Investment Treaty Arbitration for Japanese Government Officials, March 2021
Mumbai Center for International Arbitration & FTI webinar: "The FET & Expropriation Protections in Investment Treaties," October 2020
ADR in Asia Conference: Debate on Arbitrators as Settlement Facilitators, Hong Kong, October 2020
"General Developments in Investment Arbitration," Moscow Roadshow October 2020: White & Case LLP, Moscow
Workshop on Investment Treaty and Commercial Arbitration for Egyptian Government Officials, November 2019
Lecture at Summer ELSA Athens Law School on International Investment Law, "Local Remedies in Investment Arbitration," Athens, August 2019
"A Roundtable on Iberian and Latin American Arbitration", White & Case LLP, London, July 2019
BIICL, "ITF Debate on Regulatory Freedom and Indirect Expropriation in Investment Arbitration", London, June 2019
"A Roundtable on Iberian and Latin American Arbitration", White & Case LLP, Washington, DC, March 2019
"Differences Between Commercial And Investment Arbitration In the Context of Corruption Defenses", ASA Annual Meeting, Geneva, February 2019
"Recent Developments in Transparency in Investment Arbitration," December 2018: Book Launch for Second Edition of Arbitration Under International Investment Agreements, London
"Women in International Arbitration", Freshfields Breakfast Seminar, Vienna, November 2018
"Comments on Queen Mary Survey for International Arbitration", Cairo, November 2018
"The Concept and Defense of Abuse of Right In Investment Treaty Arbitration", Capacity Building Workshop, New Delhi, October 2018
"Expedited Dismissal of Claims",: PCA-India Conference, New Delhi, October 2018
"ICSID Annulment Review and Trends", Eighth Annual Investment Treaty Conference, Prague, October 2018
"How Best to Use Witness Testimony in International Arbitration", Swedish Arbitration Days, Stockholm, September 2018
"ISDS at a Crossroads: How the settlement of investor-state disputes is being transformed", ASIL Annual Meeting, Washington, DC., April 2018
"Effect of State Prosecution on a Finding of Bribery in International Arbitration," ICC Annual Conference: Russia as a Place of Dispute Resolution, Moscow, November 2017
"Contracts v. Treaties: What are the Risks of Umbrella Clauses," Seventh Annual Investment Treaty Conference, Prague, October 2017
"The Arbitral Process and Arbitral Institutions," Workshop on Capacity Building, New Delhi, October 2017
"Stabilization Clauses in Contracts: The Current State of Play," PCA India Conference, New Delhi, October 2017
"The Treatment of Corruption in Investment Treaty Arbitration," Colombia Arbitration Committee Annual Conference, Bogota, August 2017
"How Political Tensions are Shaping Energy Disputes," Moderator, ICDR Oil & Gas Arbitration Conference, Houston, April 2017
"Making Good What Should Have Happened: 'But-For' Claims," Swiss Arbitration Association Conference, Geneva, February 2017
"Use of Expert Evidence," FIAA-MIDS Tenth Anniversary Conference, Geneva, January 2017
"P.R.I.M.E. Finance Annual Conference on the role of international arbitration in sovereign finance disputes," The Hague, January 2017
"SCC/SWAN/ArbitralWomen/Roschier panel on Unconscious Bias," Stockholm, January 2017
"Has International Investor Arbitration Become Another Forum For Review Of Administrative Agency Action?," ABA-Administrative Law Conference, Washington, DC, December 2016
Lecture "Scope & Coverage of Investment Treaties," Tashkent State University of Law, Uzbekistan, December 2016
"Debate: Contrasting Perspectives between External and In-house Counsel on the Practice of International Arbitration," 14th ICC Miami Conference on International Arbitration in Latin America, Miami, November 2016
"Solutions to Closing the Gender Gap in Law Firms," DC Women in Int'l Arbitration, Washington, DC, October 2016
"BCDR-AAA and its New Draft Arbitration Rules," Washington, DC, September 2016
Debate on the European Commission's Proposal for an Investment Court, ABA-ASIL-Sidley Austin, Washington, DC, June 2016
Lecture on Investor-State Arbitration, Columbia Law School/Chartered Institute of Arbitrators Course on International Arbitration, New York, June 2016
"Year in Review: ICSID Annulments," GAR LIVE, Washington, DC, April 2016
"The Politics of Investment Treaties in Developing Countries," The CATO Institute, Washington, DC, April 2016
"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?" Harvard Law School International Arbitration Conference, Keynote Speech, Cambridge, March 2016
"Towards Institutionalisation and Judicialisation: The Proposal for a Permanent Court," Second Annual European Federation for Investment Law & Arbitration Conference, Paris, February 2016
"Tax Disputes in Investment Treaty Arbitration," Bilateral Investment Treaty Awards: The Indian Context, Indian Council of Arbitration, New Delhi, December 2015
Lectures on cost awards in investment arbitrations, outcomes in investment arbitrations, and challenges to ICSID awards in U.S. courts at the Intensive Course of International Investment Arbitration in the MENA Region, Bahrain, December 2015
"Doing the Math: Understanding How to Calculate Damages in International Investment Treaty Disputes," ABA Section on International Law, Fall Meeting, New York, October 2015
"Burden and Standard of Proof in Corruption Cases," ITA-ASIL 12th Annual Conference, Corruption in International Arbitration: Evidence & Remedies, Washington, DC, April 2015
"Conflicts & Challenges in investor-State Arbitration: What the Future Holds," 18th Annual IBA International Arbitration Day, ICSID's 50th Anniversary, Washington, DC, March 2015
"The Burden and Standard of Proof for Corruption in International Arbitration," ICC Institute Annual Meeting, Paris, November 2014
"International Arbitration and the Rule of Law," International Law Weekend, New York, October 2014
"Investment Arbitration of Natural Resource Disputes in Africa," ABA Int'l Section Spring Meeting, New York, April 2014
"The Objective Nature of Legitimate Expectations," BIICL Investment Treaty Forum, Paris, March 2014
"Sovereign Crises: The Relevance of P.R.I.M.E. Finance in Financial Services Disputes Under FTAs and BITs," P.R.I.M.E. Finance Annual Conference, The Hague, January 2014
Lectures and workshops on investor-State arbitration, Singapore International Arbitration Academy, Singapore, November 2013
"The Current State of Transparency in Investment Arbitration," IBA Annual Conference, Boston, October 2013
"Confidential and Restricted Information in International Arbitration in the investor-State context," ASA (Association Suisse de l'Arbitrage) Conference, Bern, Switzerland, October 2013
"Dispute Resolution," Inter-American Development Bank Ministerial Meeting on Electricity Integration in MesoAmerica, Washington, DC, June 2013
"The Fair and Equitable Treatment Debate: More Theoretical Than Practical?," Vale Columbia Center on Sustainable Int'l Investment, New York, February 2013
"Discovery & Privilege in Global Disputes: Navigating Issues of Jurisdiction, Ethics, and Choice of Law," American Bar Association Section of International Law, Fall Meeting, Miami, October 2012
"The Future of ICSID, Ad Hoc Committees, Appellate Tribunals, and Investment Arbitration," 21st ICCA Conference, Singapore, June 2012
"Investment, Trade, Health & Environment: Is NAFTA/CAFTA More Than A Trade Agreement?" Juris Conferences, Washington, DC, March 2012
"State Succession and Regime Change and Their Effects on Contractual and International Legal Obligations," Institute for Energy Law, 63rd Annual Oil & Gas Law Conference, Houston, February 2012
"BITs Going Forward: What Needs to Be Changed?," Czech Republic Ministry of Finance Investment Treaty Arbitration Conference, Prague, October 2011
Women in Power: International Arbitration, Women's Bar Association, Washington, DC, October 2011
"Overview of US Negotiating Process for BITs and FTAs," Presentation for the Iraq Shura Council, Washington, DC, July 2011
"The Nuts and Bolts of an ICSID Arbitration," American Bar Association Section of International Law, Spring Meeting, Washington, DC, April 2011
"Is ICSID Losing Its Appeal . . . Again?," Moderator, ASIL Annual Meeting, Washington, DC, March 2011
"The Future of Investment Disputes," CPR Annual Meeting, New York, January 2011
"Rethinking the Negotiation of Investment Treaties," A Joint Conference of the Government of Mauritius, UNCITRAL, PCA, ICSID, ICC, ICCA and LCIA, Mauritius, December 2010
"International Investment Arbitration Procedure Roundtable," ABA Section of International Law Spring Meeting, New York, April 2010
"NAFTA and CAFTA Arbitration Roundtable," American University Washington College of Law, Washington, DC, February 2010
"How Tribunals Should Deal with Corruption," Centre for International Law & the National University of Singapore, Singapore, January 2010
"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 and 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 and 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 and Discrete Damage Problems," Remedies in Commercial, Investment & Energy Arbitrations Conference, Houston, Texas, April 2008
"Investor-State Arbitration," University of Georgia Law School, Athens, GA, November 2007
"Private Property and 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 and 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 theUmbrella Clause Debate," Moderator, Juris Conference-Investment Treaty Arbitration, A Debate & Discussion, Washington, DC, May 2007
"Fair, Equitable and 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 and 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 and 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 and 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 and 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 and 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 and 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 and 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, Florida, 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, California, 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 and Future," Inter-American Bar Association, New Orleans, LA, June 2003
"The Regime of International Arbitration: Treaties, Statutes and Rules and 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 and the United States," DC Bar, Washington, DC, March 2002
Article 52(1)(C): Corruption on the part of a Member of the Tribunal and Article 52(1)(D): Serious Departure from a Fundamental Rule of Procedure in ICSID Practical Commentary (2019) (with Harpreet Dhillon)
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 (OUP, 2nd ed. 2018) (with Eckhard Hellbeck)
"The Trail Smelter Dispute in Arbitrating For Peace: How Arbitration Made A Difference" (Ulf Franke, Annette Magnusson, Joel Dahlquist eds., Kluwer) 2016
"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 XII, 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 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 and 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 and 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
International Arbitration, Chambers UK, 2020-2024
Top 10 Most Influential Lawyers in Europe's International Arbitration Landscape, Business Today Lawyer Awards, 2023
"Thought Leader: Arbitration" Who's Who Legal, 2021
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
