Panel 2: Disputes Arising out of, or Related to,
Overlapping Contract and Treaty Obligations:
Dr. Yas Banifatemi
Shearman & Sterling LLP
Dr. Yas Banifatemi is a partner in Shearman & Sterling LLP’s International Arbitration Group and leads the firm’s Public International Law Practice. She advises and represents States, State-owned entities and corporations on both public international law and international arbitration issues. She has acted as counsel and arbitrator in arbitration cases under the International Centre for Settlement of Investment Disputes (ICSID), United Nations Commission on International Trade Law (UNCITRAL), the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC), the Cairo Regional Centre for International Commercial Arbitration (CRCICA) and Swiss Arbitration Rules, with particular focus on international investment, oil & gas and general commercial matters.
Banifatemi has been praised as being a “star performer” and a “brilliant lawyer with a sharp intellect” in Chambers Global. She appears in the “45 Under 45” feature of American Lawyer’s January 2011 issue, a global ranking of “The Best and the Brightest” female lawyers under 45.
Banifatemi has authored numerous articles on international arbitration and international law, including, more recently, “Provisional Application of the Energy Charter Treaty: The Negotiating History of Article 45,” in Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty 191 (G. Coop ed., Juris, 2011), “The Law Applicable in Investment Treaty Arbitration,” in Arbitration under International Investment Agreements 191 (K. Yannaca-Small ed., Oxford University Press, 2010), and “The Emerging Jurisprudence on the Most-Favoured-Nation Treatment in Investment Arbitration,” in Investment Treaty Law: Current Issues III, at 241 (A. Bjorklund, I. Laird, S. Ripinsky eds., BIICL, 2009). She also regularly appears as speaker, particularly on issues of investment arbitration and public international law.
Banifatemi teaches investment arbitration at Panthéon-Sorbonne University (Paris I). Her arbitration-related academic activities also include a position as Co-Secretary General of the International Academy for Arbitration Law. She holds a Ph.D. in Public International Law from Panthéon-Assas University (Paris II) and an LL.M. from Harvard Law School, 1997. She speaks French, English and Farsi and is admitted to practice at the Paris Bar.
Carmine D. Boccuzzi
Cleary, Gottlieb, Steen & Hamilton LLP
Carmine D. Boccuzzi is a partner at the New York office of Cleary, Gottlieb, Steen & Hamilton LLP. Boccuzzi has litigated and arbitrated disputes as counsel both to foreign states, including Argentina and Russia, and foreign state-owned instrumentalities. In particular, since 2002, Boccuzzi has successfully defended the Republic of Argentina in cases brought against it in connection with Argentina’s 2001 economic crisis.
Boccuzzi is a member of the Bar in New York and is admitted to the practice before the U.S. Supreme Court, the United States Court of Appeals for the Second Circuit, District Courts for the Southern and Eastern Districts of New York and the Eastern District of Michigan. He is a member of the Federal Bar Council and sits on the board of New York Lawyers for the Public Interest.
Boccuzzi is distinguished as one of the best lawyers for international arbitration in Latin America by Chambers Global and Chambers Latin America.
As a recognized leader in the field, Boccuzzi publishes articles and presents at seminars on a variety of litigation and international arbitration topics. His recent works include "International Legal Developments in Review 2010: Foreign Sovereign Immunities Act," The International Lawyer, Spring 2011.
Boccuzzi joined the firm in 1994 and became partner in 2003. He received a J.D. from Yale Law School in 1994 and a B.A., magna cum laude, from Yale College in 1990.
O. Thomas Johnson Jr.
Covington & Burling LLP
O. Thomas Johnson, Jr. is a senior counsel at Covington & Burling LLP, Washington, D.C., his practice being centered on international litigation, including land and maritime boundary disputes, international investment disputes, and international commercial arbitrations. He also advises clients concerning the application of the Foreign Corrupt Practices Act and questions of public international law. He is an adjunct professor at the Columbia Law School, where he teaches a course on international investment law, and until last year, served by Presidential appointment on the United States Panel of Arbitrators for ICSID arbitrations. Professor Johnson has recently been chosen by the U.S. government to sit as a judge at the Iran-United States Claims Tribunal in The Hague. He previously served at the Office of the Legal Adviser with the U.S. Department of State.
Johnson has represented claimants in arbitrations before the Iran-U.S. Claims Tribunal and in arbitrations conducted under the rules of the International Center for Settlement of Investment Disputes, the Stockholm Chamber of Commerce, and the U.N. Commission on International Trade Law.
Johnson was named by Chambers USA as an FCPA Expert in International Trade (2009-2011) and has been described as “‘absolutely in the topmost group of counsel ever experienced’” in Arbitration, according to Legal 500 U.S., 2009 and “one of the more prominent figures in the area” for FCPA, according to Chambers U.S. 2009. Johnson received his B.A. from Stanford University and his J.D. from Stanford Law School.
Craig S. Miles
King & Spalding LLP
Craig S. Miles is a partner in King & Spalding LLP’s International Arbitration Group, residing in the Houston office. His practice focuses on representing foreign investors in disputes with host governments, primarily before the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), and private parties in commercial disputes before the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and other domestic and international arbitral institutions. Miles has first- or second-chaired dozens of arbitral hearings involving disputes throughout North and South America, Europe, Asia, Africa and the Middle East, with particularly strong experience in bilateral investment treaty (BIT) disputes in the oil and gas sector and in Latin America.
Miles regularly appears in peer-reviewed rankings such as Chambers, Who’s Who, Best Lawyers in America and Latin Lawyer. He was recently named to Global Arbitration Review’s “45 Under 45” listing of the world’s leading international arbitration practitioners under the age of 45.
Miles frequently speaks and publishes on international arbitration issues. He currently serves on the ICC’s Task Force on Investor-State Arbitration, on the Investment Arbitration Committee of the Latin American Arbitration Institute, on the Arbitration Committee of the International Bar Association (IBA), and on the Advisory Board of the Institute for Transnational Arbitration (ITA).
Miles received his J.D. from the University of Houston and his A.B. from Cornell University. He is admitted to practice at the Texas Bar.