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Stephen M. SCHWEBEL |
IAI Member |
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399 Park Avenue
Suite 3432
New York, NY 10022
USA
Tel: +1.212.715.1135 (Office)
Tel: +1.212.288.3613
Tel: +1.802.457.1358 (May 15 - October 15)
judgeschwebel@aol.com
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| Languages |
English (native); French (working knowledge) |
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| Nationality |
USA |
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| Bar Admission |
New York - 1955
US Supreme Court - 1965
District of Columbia - 1976 |
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| Education |
Yale Law School (LLB - 1954); Cambridge University (Studies in International Law - 1951); Harvard University (BA - 1950) |
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Academic
Position |
Assistant Professor of Law - Harvard Law School (1959–61); Burling Professor of International Law - Johns Hopkins University School of Advanced International Studies (1967–81) |
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Experience
as Arbitrator |
Chair or member of the tribunal in numerous international commercial and interstate arbitration proceedings, ad hoc (including UNCITRAL) and under the Rules of the ICC, AAA, LCIA, Stockholm Chamber of Commerce (SCC), ICSID / NAFTA, and Japan Commercial Arbitration Association (JCAA) (concession agreements, foreign investments, oil & gas, insurance, loan agreements, sales of goods, shareholder rights, joint ventures, banking and currency disputes, licensing, franchising, distribution, intellectual property, bilateral investment treaties, technology, telecoms, aerospace, energy, securities, boundary and fishing, maritime law and employment law matters); Member, ICSID Panel of Arbitrators and ICSID Panel of Conciliators (2001–); former Judge (1981–2000), Vice President (1994–97), and President (1997–2000), International Court of Justice; President, Administrative Tribunal of the International Monetary Fund (1994–2010); Member, UN International Law Commission (1977–81); Member (2007-) and President (2010-), World Bank Administrative Tribunal; Member, Permanent Court of Arbitration (2006-); Member, ICSID Panel of arbitrators (appointed by Bahrain) |
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Experience
as Counsel |
Advised numerous governments on problems of international law and dispute settlement; Assistant Legal Adviser (1961–66), and Deputy Legal Adviser (1974–81), US Department of State; international arbitration proceedings, mostly ad hoc (including UNCITRAL) and under the Rules of ICSID (primarily bilateral investment treaties disputes) |
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Awards
Rendered |
• PCA Case No. AA 226 (UNCITRAL), Hulley Enterprises Limited (Cyprus) v. The Russian Federation, Final Award, 18 July 2014 (full text ITA)
• PCA Case No. AA 227 (UNCITRAL), Yukos Universal Limited (Isle of Man) v. The Russian Federation, Final Award, 18 July 2014 (full text ITA)
• PCA Case No. AA 228 (UNCITRAL), Veteran Petroleum Limited (Cyprus) v. The Russian Federation, Final Award, 18 July 2014 (full text ITA)
• ICSID Case No. ARB/07/12, Toto Costruzioni Generali S.p.A. v. Republic of Lebanon, Award, 7 June 2012 (full text ITA)
• ICSID Case No. ARB/05/10, Malaysian Historical Salvors Sdn Bhd v. Government of Malaysia, Decision on the Application for Annulment, 16 Apr 2009 (full text ITA) (excerpts Kluwer)
• ICSID Case No. ARB(AF)/99/2, Mondev Int'l Ltd v. United States of America, Award, 11 Oct 2002 (full text ITA) (excerpts Kluwer)
• Ad hoc (UNCITRAL) Case, Antoine Biloune (Syria), Marine Drive Complex Ltd (Ghana) v. Ghana Investments Centre, the Government of Ghana, Awards of 27 Oct 1989 and 30 June 1990 (excerpts Kluwer) |
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Publications
Relating to
Arbitration |
• Justice in International Law (Grotius / Cambridge University Press, 1994; republished in 2008; 2nd volume in 2011)
• International Arbitration: Three Salient Problems (Grotius, 1987)
• Honorary Editor (1996-) and Member of the Board of Editors (1967-1981), American Journal of International Law
• "Does the Consent of the Contracting Parties Govern the Requirement of an ‘Investment’ as Specified in Article 25 of the ICSID Convention?," in Jurisdiction in Investment Treaty Arbitration, IAI Series on International Arbitration No. 8 at 55 (Y. Banifatemi, ed., Juris Publishing, 2018)
• "The High Tide of International Adjudication and Arbitration," in Festschrift Ahmed Sadek El-Kosheri, From the Arab World to the Globalization of International Law and Arbitration 467(M.Abdel Raouf, P. Leboulanger, N. Ziadé eds., Kluwer, 2016)
• "The outlook for the continued vitality, or lack thereof, of investor-State arbitration," 32(1) Arb. Int'l 1 (2016)
• "In defense of bi-lateral investment treaties," 31(2) Arb. Int’l 181 (2015)
• "Is Neer Far From Fair and Equitable?," 27(4) Arb. Int'l 555 (2011)
• "The Provenance and Performance of Investment Treaty Arbitration," in Investment Treaty Arbitration and International Law (I.A. Laird and T.J. Weiler eds., Juris Publishing, 2009)
• "The Overwhelming Merits of Bilateral Investment Treaties," 32(2) Suffolk Transnat’l L. Rev. 263 (2009)
• "The United States 2004 Model Bilateral Investment Treaty and Denial of Justice in International Law," in International Investment Law for the 21st Century - Essays in Honour of Christoph Schreuer 519 (C. Binder et al. eds., OUP, 2009)
• "A BIT about ICSID," 23(1) ICSID Rev. 1 (2008)
• "Is Mediation of Foreign Investment Disputes Plausible?," 22(2) ICSID Rev. 237 (2007)
• "The United States 2004 Model Bilateral Investment Treaty: An Exercise in the Regressive Development of International Law," in G. Aksen et al. (eds.), Global Reflections on International Law, Commerce and Dispute Resolution – Liber Amicorum in honour of Robert Briner 815 (2005)
• "The Reshaping of International Law of Foreign Investment by Concordant Bilateral Investment Treaties," in Law in the Service of Human Dignity – Essays in Honour of Florentino Feliciano (2005)
• "Anti-Suit Injunction in International Arbitration – An Overview," in E. Gaillard (ed.), Anti-Suit Injunctions in International Arbitration, IAI Series on International Arbitration No. 2, at 5 (2005)
• "The Influence of Bilateral Investment Treaties on Customary International Law," in Proceedings of the 98th Annual Meeting of the American Society of International Law (2004)
• "The Reality of International Adjudication and Arbitration," 12 Willamette J. Int’l L. & Disp. Resol. 359 (2004)
• "Compound Interest in International Law," in A. Giardina and F. Latanzi (eds.), Studi di Diritto Internazionale in Onore di Gaetana Arangio-Ruiz (2004)
• "Injunction Of Arbitral Proceedings And Truncation Of The Tribunal," 18(4) Int’l Arb. Rep. 33 (2003)
• "Reflections on International Adjudication," in 2001-2002 Proceedings of the American Branch of the International Law Association (2001)
• "The Authority of a Truncated Tribunal," in Improving the Efficiency of Arbitration and Awards: 40 Years of Application of the New York Convention, ICCA Congress Series No. 9, at 314 (1999)
• "May the Majority Vote of an International Arbitral Tribunal be Impeached? (The 1996 Freshfields Lecture)," 13(2) Arb. Int’l 145 (1997)
• "A Celebration of the United Nations New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards," 12(1) Arb. Int’l 83 (1996)
• "The Law Applicable in International Arbitration: Application of Public International Law," in Planning Efficient Arbitration Proceedings: The Law Applicable in International Arbitration, ICCA Congress Series No. 7, at 574 (1996)
• "May Preparatory Work Be Used to Correct Rather than Confirm the 'Clear Meaning' of a Treaty Provision?," in J. Makarczyk (ed.), Theory of International Law at the Threshold of the 21st Century – Essays in honor of Krzysztof Skubiscewski (1996)
• "The Treatment of Human Rights and of Aliens in the International Court of Justice," in V. Lowe and M. Fitzmaurice (eds.), Fifty Years of the International Court of Justice – Essays in Honour of Sir Robert Jennings (1996)
• "The Validity of an Arbitral Award Rendered by a Truncated Tribunal," 6(2) ICC Bull. 19 (1995)
• "The Creation and Operation of an International Court of Arbitral Awards," in M. Hunter, A. Marriott, V.V. Veeder (eds.), The Internationalisation of International Arbitration (1995)
• "The Majority Vote of an International Arbitral Tribunal," in Etudes de droit international en l’honneur de Pierre Lalive (1993)
• "Preventing Delay or Disruption of Arbitration: Practice of Public International Law Tribunals," in ICCA Congress Series No. 5, at 62 (1991)
• "Arbitration and the Exhaustion of Local Remedies Revisited," 23(4) Int’l Law. (1989)
• "Public Policy and Arbitral Procedure," in ICCA Congress Series No. 3, at 205 (1986) (with S. Lahne)
• "The Effect of Resolutions of the United Nations General Assembly on Customary International Law," Proceedings of the American Society of International Law 1979
• "Arbitration and the Exhaustion of Local Remedies," 60(3) Am. J. Int’l L. 60 (July 1966), republished in Stephen M. Schwebel, Justice in International Law 171 (Cambridge University Press, 1994)
• "Some Little Known Cases on Concessions," British Y.B. Int’l L. 1964, at 40 (1966) (with J.G. Wetter), republished in Stephen M. Schwebel, Justice in International Law 436 (Cambridge University Press, 1994)
• "Speculations on Specific Performance of a Contract between a State and a Foreign National," in Southwestern Legal Foundation, The Rights and Duties of Private Investors Abroad (1965)
• "The Story of the UN's Declaration on Permanent Sovereignty over Natural Resources," ABA Journal, May 1963, at 463 (republished in Stephen M. Schwebel, Justice in International Law 401 (Cambridge University Press, 1994) |
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