Ank Santens | White & Case LLP International Law Firm, Global Law Practice
Ank Santens
Ank Santens

Ank Santens

Partner, New York

T +1 212 819 8599

T +1 212 819 8200

E asantens@whitecase.com

in LinkedIn profile

Ank Santens has “a dedication and commitment rarely encountered. You can be sure she will really fight for [your case] with all her resources.” (GAR 100 2010) She is “excellent at defusing difficult situations and distilling what needs to be decided.” (Chambers USA 2014)

Overview

Ank Santens is an international arbitration specialist based in New York. She serves as counsel or arbitrator in commercial, investment, construction, and insurance arbitrations around the world, under all major international arbitration rules (ICC, ICDR/AAA, ICSID, LCIA, UNCITRAL) as well as under ad hoc and regional rules.

Ank has been named one of the "Most Highly Regarded Individuals" in Arbitration (Who's Who Legal's Future Leaders 2017), one of the Top 250 Women in Litigation in the United States (Benchmark 2017), Best in Commercial Arbitration (Euromoney's Americas Women in Business Law Awards 2016), Rising Star of the Year (Euromoney's Global Arbitration Awards 2014), one of 44 "Rising Stars" in the New York legal profession (New York Law Journal 2013) and one of the world's "45 under 45" leading international arbitration practitioners (Global Arbitration Review 2011).

Clients and market sources say:

• "'Great lawyer' Ank Santens is tipped by market sources as a 'future leader in the profession,' and is currently involved in a number of matters for key clients of the firm. She handles investment treaty and commercial arbitrations with equal aplomb." (Chambers USA 2013)

• "Ank Santens showed a dedication and commitment [I have] rarely encountered. You can be sure she will really fight for [your case] with all her resources." (GAR 100, 2010)

• "Garry Kasparov … [t]he former chess world champion said the [team led by Ms. Santens] displayed 'a combination of big-picture understanding and management of the smallest details despite heavy time pressure'. 'I would never consider going to any other firm.'" (GAR 100, 2011)

Clients who benefit from Ank's advice come from a variety of industries, in particular energy and infrastructure, but also mining, insurance, telecommunications, maritime, pharmaceutical, financial services, logistics, waste management, and consumer goods. They hail from around the globe, with a particular focus on Europe and Latin America.

Corporate clients look to Ank for a wide range of commercial disputes, post-M&A disputes, and disputes concerning joint ventures and other shareholder arrangements. Sovereign clients seek Ank's counsel on investment treaty disputes, as well as disputes relating to oil and gas concessions and sovereign borders.

Ank regularly advises on the drafting of dispute resolution clauses in international contracts. She has a track record of obtaining an early resolution through creative strategies and the use of negotiation and mediation.

Ank's client-centered approach stems from her experience early in her career in the legal department of a pharmaceutical company in New Jersey. She worked in White & Case's Paris office from 2004 to 2006.

Ank is a member of the Board and the International Arbitration Council of the International Institute for Conflict Prevention & Resolution (CPR). She is a Vice Chair of the Arbitration Committee of the International Bar Association (IBA) and a Member of the Executive Committees of the Foundation for International Arbitration Advocacy (FIAA) and the Institute for Transnational Arbitration (ITA). She serves on the ICCA-Queen Mary Task Force on Third Party Funding, the Program Committee of NYIAC, and the Editorial Committee of International Arbitration Case Law. She is a past Chair of the Arbitration Committee of CPR and a past member of the Advisory Board of Columbia University's Center for International Commercial and Investment Arbitration (CICIA).

She frequently speaks on international arbitration at conferences around the world and has published on the subject in a variety of publications.

She is on the IEL Energy Arbitrators List and on the roster of arbitrators of the ICDR (American Arbitration Association), the Câmara de Conciliação, Mediação e Arbitragem CIESP/FIESP (Sao Paulo, Brazil) and the Lagos Court of Arbitration (Nigeria).

Ank is a past co-chair of White & Case's New York's Women's Network and past Secretary of White & Case. She serves on the Board of Directors of The Flemish in the World USA, Assoc. and International Senior Lawyers Project (ISLP), an international pro bono organization. She also serves on the Advisory Board of the female lawyer mentorship program launched by Falabella, the Vance Center and the Carey law firm in Chile, and the Board of Trustees of the French-American School of New York. She helped Haiti build a culture of international arbitration as part of the country's efforts to rebuild and attract foreign investment.

Bars and Courts

  • Solicitor of England and Wales
  • New York State Bar
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York

Education

  • JD, Columbia University, New York (one semester)
  • LLM, Columbia University School of Law, New York
  • Licentiate in Law, Katholieke Universiteit Leuven, Belgium
  • Single Candidature in Philosophy, Katholieke Universiteit Leuven, Belgium
  • ERASMUS Student, Law Faculty, University of Granada, Spain

Languages

  • Dutch
  • English
  • French
  • German
  • Spanish

Experience

Investment treaty case, 2017

Ank is representing the investors in an ICSID claim against Argentina concerning the nationalization of the country's private pension system (MetLife, Inc., & Others v. Argentine Republic, ICSID Case No. ARB/17/17)

Construction/infrastructure case, 2017

Ank is representing the owner in a AAA arbitration concerning the construction of a flue gas desulfurization project at a power plant located in the U.S.

Post-M&A ICC arbitration in New York, 2015

Ank represented a Latin American retail company (buyer) in an arbitration against a Latin American private equity fund (seller) concerning various warranties, indemnities and tax provisions in a New York-law governed share purchase and indemnity agreement. The case settled on terms favorable to Ank's client.

Investment treaty case, 2014

Ank is defending Bulgaria against claims arising out of investments in Bulgaria's electricity distribution sector. (EVN AG v. Republic of Bulgaria, ICSID Case No. ARB/13/17)

Investment treaty case, 2014

Ank defended Bulgaria in a case arising out of concession agreements for the provision of waste collection and street cleaning services in the city of Sofia, Bulgaria. (Novera AD, Novera Properties V.V. and Novera Properties N.V. v. Republic of Bulgaria, ICSID Case No. ARB/12/16)

Post-privatization ICC arbitration seated in London and governed by English law, 2013

In an ICC arbitration seated in London and governed by English law, Ank represented an Eastern European State in its $100 million claim for a clawback payment due under its privatization contract with a private equity fund for the privatization of the national telecommunications company. Ank's client prevailed and was awarded costs.

Maritime case, 2013

Ank represented a Latin American chemical company in an ad hoc maritime arbitration seated in New York against the Latin American owner of a tanker. The case settled on terms favorable to Ank's client.

Arbitrator ICDR case, 2013

Ank chaired a three-member tribunal hearing claims totalling over $100 million among several Latin American companies, arising from a transportation agreement for the use of a crude oil pipeline in Latin America.

Construction/infrastructure case, 2011

In a fast-track ICC arbitration in New York, Ank represented a Caribbean owner in a dispute with a renowned Japanese contractor, regarding the construction of a desalination and utilities plant in the Caribbean. New York law applied. Ank's client defeated the contractor's claim for wrongful calling of the performance bond and prevailed on most of its counterclaims for faulty construction.

Insurance cases, 2010-2012

Ank has represented an international energy insurer in several ad hoc arbitrations seated in London and arising out of insurance policies governed by New York law.

Court of Arbitration for Sport case, 2010

Ank represented the ticket of 12th World Champion Anatoly Karpov and several national chess federations in a CAS arbitration against the World Chess Federation (FIDE) in relation to FIDE's 2010 internal elections.

Speaking Engagements

Spoke on "Further Issues to Consider in the Arbitration Clause" at the ISDA conference on "Derivatives Disputes; Litigating and Arbitrating the ISDA Master Agreement" (New York, 2017)

Moderated panel on "Exploring Intra-Tribunal Dynamics and Decision-Making: Delegation" (New York, 2016)

Spoke on interim measures at the 2016 ITA Workshop (Dallas, 2016)

Advocate at The King's College-Columbia Praelium (London, 2016)

Panel on Strategic and Practical Considerations in Multi-Jurisdictional Disputes at a Hedge Fund and Capital Markets Litigation Committee Program (New York, 2016)

Co-organized the ITA-ASIL Conference: "A Spotlight on Ethics in International Arbitration: Advocates, Arbitrators and Awards" (Washington DC, 2016)

Keynote on "Oral Advocacy" at the Ninth Annual ICDR Practice Moot and Lecture Series (New York, 2016)

Panel on "Institutional Appointment v. Party Appointment" at the 32nd ICC/ICSID/ICRD Joint Colloquium on International Arbitration (Washington DC, 2015)

Participated in a panel on "The Integrity of the Arbitral Award" at a CIArb symposium (Toronto, 2015)

Presentation on "Enforcement of Emergency Arbitrator Decisions" at the 10th Annual ICC New York Conference (New York, 2015)

Panel on "Preparing Your Case: The Expert" at PLI's International Arbitration 2015 program (New York, 2015)

Participated in a panel on "Arbitration – Policy and Law" and moderated a panel on CPR's New Rules for Administered Arbitration of International Disputes at CPR's 2015 Annual Meeting (San Diego, 2015)

Spoke on "The Dearth of Precedent in International Commercial Arbitration. Do Civil Law Techniques Bring Relief for the Common Lawyer?" at a Penn State Symposium entitled "The Fate of the Law in the Wake of ADR" (University Park, 2015)

Moderated a session on "Practice and Procedure" at a LCIA Symposium on International Commercial Arbitration (with Michael Collins QC) (Washington DC, 2015)

Moderated a panel on CPR's New Rules for Administered Arbitration of International Disputes at CPR's New York launch of the new rules (New York, 2015)

Publications

Awards & Recognition

One of the "Most Highly Regarded Individuals" in Arbitration, Who's Who Legal's Future Leaders 2017

Ranked in Who's Who Legal's Thought Leaders – Arbitration 2017

Best in Commercial Arbitration, Euromoney's Americas Women in Business Law Awards 2016

Rising Star of the Year, Euromoney's Benchmark and Expert Guides, Global Arbitration Awards 2014

One of 44 "Rising Stars" in the New York legal profession, New York Law Journal 2013

One of the world's "45 under 45" international arbitration practitioners, Global Arbitration Review 2011

Ranked in Chambers USA: International Arbitration; The Best Lawyers in America: International Arbitration – Commercial; Global Arbitration Review 100: Leading individual; The International Who's Who of Commercial Arbitration; The International Who's Who of Business Lawyers; Legal 500 USA and Legal 500 Latin America: International Arbitration; Guide to the World's Leading Commercial Arbitration Attorneys; Guide to the World's Leading Women in Business Law; Euromoney's Benchmark Litigation Guide; PLC Which lawyer?, Recommended for Dispute resolution: international arbitration; Who's Who Legal: Commercial Arbitration; Superlawyers