Grant Hanessian
Hanessian ADR, LLC
465 First Street
Brooklyn, NY 11215
United States of America
Grant Hanessian is an independent arbitrator and neutral in New York, specializing in international, investor-state and complex commercial disputes.
For more than three decades, Mr. Hanessian has acted as arbitrator and counsel in a wide range of commercial and treaty disputes arising under the laws of many common and civil law countries and public international law. Prior to July 2020, he was a partner at Baker McKenzie, where he practiced for 33 years, and served as global co-head of the firm's International Arbitration Practice, head of its International Arbitration Practice in North America and head of its New York office Litigation Department.
Mr. Hanessian is annually recommended by Chambers Global and USA Guides (described as "exceptionally experienced", "his attention to detail and ability to handle complex procedural issues sets him apart", an "elite lawyer" who is "very experienced, hugely knowledgeable and effective", a "powerful advocate for clients"), Legal 500 (described as "a great practitioner" with a "strong commercial profile"), PLC Which Lawyer, The International Who's Who of Commercial Arbitration ("superb counsel and arbitrator"), and Expert Guide to Leading Practitioners in International Arbitration (ranked among "Best of the Best" in international commercial arbitration).
Mr. Hanessian is an Adjunct Professor of Law at Fordham Law School, where he teaches the International Commercial Arbitration and LL.M. International Arbitration Practicum courses. He is a frequent speaker at arbitration conferences and law schools around the world.
Arbitration Institutions:
- International Chamber of Commerce, Paris (U.S. member of the ICC International Court of Arbitration; U.S. alternative member, ICC International Court of Arbitration (2015-2018); member, ICC Commission on Arbitration and ADR; Task Forces on Arbitration Involving States or State Entities (2009-2012); Task Force on Financial Institutions and International Arbitration (leader of Investment Arbitration and Banking & Finance work stream) (2013-2016); Chair (2015-2020) and Vice Chair (2013-2014) of U.S. Counsel for International Business (US committee for ICC), Arbitration and ADR Committe
- American Arbitration Association/International Centre for Dispute Resolution, New York, NY (Member, International and Complex Commercial Cases panels; Rules Revision Committee (2010-2015); Latin American Advisory Committee; Advisory Committee on Brazil)
- British Virgin Islands International Arbitration Center, Tortola, British Virgin Islands (Panel member)
- Ciesp/Fiesp Chamber of Conciliation, Mediation and Arbitration, Sao Paulo, Brazil (member, List of Arbitrators)
- International Centre for Settlement of Investment Disputes, Washington DC (Panel of Arbitrators)
- Korea Commercial Arbitration Board, Seoul, Korea (Panel member)
- London Court of International Arbitration, London (Vice president (for United States), North American Users' Council)
- Panel of Recognized International Market Experts in Finance (P.R.I.M.E.) (Member, Drafting Committee, Finance Arbitration Rules)
- Singapore International Arbitration Center, Singapore (Users Council)
Other:
- British Institute of International and Comparative Law New York International Arbitration Center (Founding Board member, member, Audit, Program and Nominations Committees)
- Club Español del Arbitraje (member)
- CPR International Institute for Conflict Prevention, Arbitration Committee (member)
- Global Arbitration Review (Editorial Board member)
- International Arbitration Club of New York (founding member)
- International Bar Association, Arbitration Committee (member)
- International Council for Commercial Arbitration (member)
- Miami International Arbitration Society (member)
- New York City Bar Association
- Committee on Arbitration, Secretary (2003-2005)
- Committee on International Law (2012-2015)
- International Commercial Disputes Committee (member)
- New York State Bar Association
- Task Force on New York Law in International Matters, member (2010-2013)
- Stockholm Arbitration Report, Editorial Committee, member (2004-2010)
- International Law News, American Bar Association International Law Section, Board of Editors, member (2005-2009)
- World Arbitration and Mediation Report, Board of Editors, member (2002-2006)
Mr. Hanessian serves as arbitrator in disputes administered by arbitral institutions and in hoc cases. Examples of his recent experience as arbitrator include:
- Co-arbitrator in dispute regarding Asset Purchase Agreement and NDA in pharma industry (AAA)
- Sole arbitrator in dispute between Israeli seller and U.S. buyer of food products (ICC)
- Sole arbitrator in construction/engineering disputes under EPC contracts regarding power plants in South America (ICC)
- Sole arbitrator in dispute between Turkish buyer and Taiwan seller regarding sale of machinery (SIAC)
- Sole arbitrator in a dispute between Canadian and Chinese firms regarding distribution agreement (ICDR)
- President of tribunal in a dispute between a U.S. energy services company and European energy companies concerning upstream royalties under Production Sharing Agreement with CIS state (ad hoc)
- Sole arbitrator in loan dispute between Haitian and Cayman Island companies regarding construction project in Haiti (ICDR)
- President of tribunal in case involving distribution to limited partners of proceeds of sale of U.S. major league sports franchise (AAA)
- Co-arbitrator in dispute between South African and U.S. technology companies regarding licensing agreement (ICDR)
- Co-arbitrator in dispute between U.A.E. and U.S. companies regarding distribution agreement -- Al Maya Trading Establishment v. Global Export Marketing Co., Ltd. (AAA, award confirmed SDNY)
- Co-arbitrator in commercial dispute between Western European engineering company and Eastern European transport company (ICC)
- Co-arbitrator in dispute between U.K. lawyer and U.S. law firm regarding partnership agreement (ICDR)
- Co-arbitrator in dispute between U.S. entertainment company and South American online ticket company (ICDR)
- Emergency arbitrator in dispute between Japanese consumer company and Swiss distributor (ICDR)
- Co-arbitrator in contract dispute between U.K., U.S. and Swiss private equity firms (ICDR)
- Emergency arbitrator re dispute concerning sale of manufacturing company -- Irvine Scientific v. Microbix Biosystems (ICDR; award enforced 986 F.Supp.2d 1187 (D. Mont. 2013))
- President of tribunal in dispute between Brazilian air transport company and Brazilian shareholders (ICDR)
Books
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Editor, ICDR Awards and Commentaries, Vol I (Juris Pub., 2012) and Vol II (forthcoming Juris Pub. 2020)
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Co-editor, International Arbitration Checklists (Juris Pub., 3rd ed., 2016)
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Co-editor, Baker McKenzie's International Arbitration Yearbook (annually 2006-2019)
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Co-author, Gulf War Claims Reporter (ILI/Kluwer, 1998)
Book Chapters and Articles
- Co-author, "Ordering Virtual Hearings over the Objections of a Party," ADR Perspectives, ADR Institute of Canada, May, 2020
- Author, "Initial Hearing," in GAR Guide to Advocacy (4th ed.), 2019
- Co-author, "Agreements to Arbitrate," Arbitration of M&A Transactions (E. Poulten, ed.), Globe Law and Business (2d ed. 2019)
- Co-author, "A Bridge Too Far? The European Commission Takes Its Campaign Against Intra-EU Investment Arbitration to US Courts", The Arbitration Review of the Americas, July 2019
- Co-author, "Celebrating Sixty Years of the New York Convention," Euromoney's Commercial Arbitration Expert Guide 2018
- Co-author, "Appellate Division Confirms the Limited Scope of Manifest Disregards Doctrine," New York Law Journal, October 11, 2018
- Author, "The New York Convention Turns 60," International Business, Journal of the U.S. Council for International Business, August 2018
- Author, "Rule 42", The ICSID Convention, Rules and Regulations: A Commentary (R. Gerbay, D. Parchajev and J. Fouret, eds.), Edward Elgar Publishing, 2018
- Co-author, "United States," The Arbitration Review of the Americas 2018, Global Arbitration Review, 2018
- Co-author, "Investor-State Arbitration," Baker & McKenzie International Arbitration Yearbook, 2017-18
- Co-author, "The 2015 Indian Model BIT: Is This Change the World Wishes to See?," 32 ICSID Review, Issue 1, February 1, 2017 (recipient, 2018 Burton Award for Distinguished Legal Writing)
- Co-author, "Investor-State Arbitration," Baker & McKenzie International Arbitration Yearbook, 2016-2017
- Co-author, "Songs of Innocence and Experience: Ten Years of Emergency Arbitration," The American Review of International Arbitration (2016, Vol. 27 No. 2) (recipient, 2018 Smit-Lowenfeld Award for Excellence in Legal Writing awarded by International Arbitration Club of New York)
- Co-author, "United States," The Arbitration Review of the Americas 2017, Global Arbitration Review, 2016
- Author, "Legal standards applicable to deciding applications for interim relief," Defining Issues in International Arbitration, (J.C. Betancourt, ed.), Oxford University Press, 2016
- Co-author, "ICC Court Decides to Provide Parties With Reasons for Administrative Decisions," Practical Law, December 22, 2015
- Author, "Resolving Disputes: Litigation, Arbitration and Mediation," Global Legal Guide for Luxury and Fashion, June 2015
- Co-author, "Arbitration of Oil & Gas Disputes in Brazil," The Leading Practitioners' Guide to International Oil & Gas Industry Arbitration, (J. Gaitis, ed.) Juris Publications, 2015
- Co-author, "The Role of Sovereign Funds and National Oil Companies in Investment Arbitration," The Guide to Energy Arbitrations, Global Arbitration Review, 2015 Co-author, "Dispute Resolution in International Business," BNA Bloomberg, August 1, 2014
- Co-author, "Singapore's International Court: How will it compare?," Global Arbitration Review, January 10, 2014
- Author, "Emergency Arbitrators," Leading Arbitrators' Guide to International Arbitration (L. Newman and R. Hill, eds.), Juris Publications (3rd ed. 2014) Co-author, "United States," Interim Measures in International Arbitration, Juris Publications, 2014.
- Co-author, "Important Considerations in Drafting Dispute Resolution Clauses," ACC America Greater New York Chapter Newsletter, April 3, 2013 Author, "BRICs, Not CRIBs: The 'Rebalancing' of International Arbitration," Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2011 (Arthur W. Rovine, ed., Martinus Nijhoff 2012)
- Co-author, "The New ICC Rules and UNCITRAL Rules: Focus on Cost-Effectiveness and Multiparty Disputes," The Arbitration Review of the Americas, 2012
- Co-author, "The Benefits of Bilateral Investment Treaties When Investing in China," San Francisco and Los Angeles Daily Journal, May 12, 2011
- Co-author, "Stolt-Nielsen, SA v Animal Feeds International Corp," Arbitration News, Newsletter of the International Bar Association, Vol 15 No. 2, September 2010 Co-author, "Increased Focus on Arbitration of Investor Claims Against Latin American States," The Lawyer, Toronto Canada, June 2009
- Author, "The U.S. Model for International Class Action Arbitration," 75 Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, No. 3, 2009
- Co-author, "Developments in US Arbitration Law," The Baker & McKenzie International Arbitration Yearbook, 2008
- Author, "'Gross Error of Law' and 'Manifest Disregard of Law' as grounds to overturn arbitration awards in the United States," 2005 Stockholm International Arbitration Review 1, reprinted in S. Jarvin and A. Magnusson, International Arbitration Court Decisions, 2d ed., 2008
- Author, "The 'Oxus Gold' Case," Stockholm International Arbitration Review 109, 2007
- Author, "Discovery in International Arbitration," 34 International Law News 1 Winter, 2005
- Co-author, "When Worlds Collide: Intellectual Property and Arbitration Rights in Bankruptcy Cases," 59 Dispute Resolution Journal 26, August - October 2004 (2006 Burton Award for Distinguished Legal Writing)
- Co-author, "English and New York Law Compared," Project Finance International, January 8, 2004.
- Co-author, "Intellectual Property Licenses, Arbitration, and Bankruptcy: Avoiding The Tangled Web," Sixth Annual Internet Law Institute, Practicing Law Institute, 2003
- Co-author, "Minimum Contacts Required For Enforcement in U.S. of Award Against Foreign State," The Institute for Transnational Arbitration Newsletter, Autumn 1999 Co-author, "Court Throws Jurisdictional Curve Ball: The D.C. Circuit Refuses to Uphold an Arbitration Award Against A Foreign Government For Lack Of Minimum Contacts," National Law Journal, November 22, 1999
- Author, "Creighton v. Qatar: Enforcement of Arbitral Awards Against State Entities," Middle East Law Committee of the American Bar Association's Section of International Law and Practice, New York, NY, November 1999
- Co-author, "Iraqi Oil Flows Again: Doing Business with Iraq under Resolution 986, Prospects for Payment of Claims Against Iraq," Middle East Executive Reports, December, 1996
- Co-author, "Enforcing Contract Claims Against Iraq in U.S. Courts: The Statute of Limitations," Middle East Executive Reports, May 1996
- Co-author, "Making Iraq Pay for Gulf War Losses," New York Law Journal, May 15, 1995
- Co-author, "Toward a Foreseeability Approach to Causation Questions at the United Nations Compensation Commission," The United Nations Compensation Commission, Thirteenth Sokol Colloquium (R. Lillich, ed.), 1995
- Author, "'General Principles of Law' in the Iran United States Claims Tribunal," 27 Columbia Journal of Transnational Law 309, 1989