Abby Cohen Smutny
701 Thirteenth St. NW
Washington, D.C. 20005
American Law Institute; American Society of International Law; LCIA North American User’s Council; World Arbitration & Mediation Review, Co-Editor in Chief; Institute for Transnational Arbitration; International Bar Association; ICDR (international panel); Chartered Institute of Arbitrators; ICCA.
More than 20 years experience as counsel in cases involving numerous industries, including banking, financial services, oil & gas, mining, electric power, real estate development, transportation, water supply, retail, pharmaceuticals, construction, tobacco, railroads, telecommunications, and manufacturing, before ICSID, the ICC, the LCIA, the VIAC, in UNCITRAL Rules and other ad hoc proceedings.
“Unlawful or Bad Faith Conduct as a Bar to Claims in Investment Arbitration” in J.Werner et al. (eds), Liber Amicorum: Thomas Wälde – Law Beyond Conventional Thought, Cameron May (2009) (co-authored with Petr Poláşek);
“The MFN Clause: What are its Limits”? in Arbitration under International Investment Agreements: An analysis of the key procedural,jurisdictional and substantive issues, Oxford University Press (2009) (co-authored with Lee A. Steven);
“The Use of Experts in Investment Treaty Arbitration” in Les Experts:Auxiliaires ou Substituts de Juge? Centre Français de Droit Comparé (2009) (co-authored with Daniel R. Gilbert);
“Claims of Shareholders in International Investment Law” in C. Binder et al. (eds.), International Investment Law, Liber Amicorum Christopher Schreuer, Oxford University Press (2009);
“Confidentiality in Relation to States,” ICC International Court of Arbitration Bulletin (Special Supplement) (co-authored with Kristen Young);
“Enforcing Foreign Arbitral Awards in the United States: The Non-Arbitrable Subject Matter Defense,” Journal of International Arbitration vol. 25(6) (2008) (co-authored with Hansel T. Pham);
“Foreign Investment and Political Risk: What You Should Know About Investment Protection Treaties (Parts I & II),” Bloomberg European Law Journal, Vol. 2, Nos. 6 & 7, June 2008 & July 2008 (co-authored with Stephen T. Ostrowski);
“Principles of Compensation in Investment Treaty Arbitration,” ICSID Review Foreign Investment Law Journal, Vol. 22, No. 1, Spring 2007;
“The 2006 Amendments to ICSID's Arbitration Rules,” Global Arbitration Review, Vol. 1, Issue 4, August 2006 (co-authored with Erika M. Serran);
“ICSID Annulment,” Investment Treaty Law: Current Issues, Vol. 1, BIICL, 2006;
“State Responsibility and Attribution State Responsibility and Attribution: When Is a State Responsible for the Acts of State Enterprises?”, International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, Cameron May, 2005;
“ICSID Arbitration: Procedural Review”, Transnational Dispute Management, vol. II, issue 2, April 2005;
“Arbitration Before the International Centre for Settlement of Investment Disputes,” 2002 Business Law International, 367, September 2002;
Co-author, “How To Commence An International Arbitration”, in Practitioner’s Guide To International Arbitration and Mediation, Juris Publishing, 2001 (with Stephen Bond);
Co-author, “The International Centre for Settlement of Investment Disputes: Responses to Problems and Changing Requirements,” Vol. 12 Mealey’s International Arbitration Report 1, November 1997 (with Carolyn B. Lamm);
Co-author, “Arbitration Agreements versus Forum Selection Clauses: Legal and Practical Considerations,” International Dispute Resolution: The Regulation of Forum Selection [Fourteenth Sokol Colloquium], J.L. Goldsmith, ed. 1997 (with Charles N. Brower);
Co-author, “The Effect of Independence of Quebec Upon Treaties and Agreements with the United States of America,” Vol. 27 The American Review of Canadian Studies 57, Spring 1997 (with Charles N. Brower);
Co-author, “Enforcing ICSID Arbitration Agreements,” Vol. 11 ICSID, Review-Foreign Investment Law Journal 64, 1996 (with Carolyn B. Lamm);
Co-author, “Recent Decisions Involving Arbitral Proceedings,” Vol. 30 The International Lawyer 271, 1996 (with Charles N. Brower).