Michael D. Nolan
International Square Building
1850 K Street, N.W., Suite 1100
Washington, DC 20006
Partner, Milbank, Tweed, Hadley & McCloy LLP; Adjunct Professor of Law, Georgetown University Law Center.
ICSID (designee of Mongolia); member of the Board of Directors of the American Arbitration Association (and audit committee member); General Counsel of the Intellectual Property Owners Association. Member of the Users Council of the Singapore International Arbitration Centre and the ICSID panel of arbitrators; and a fellow of the Chartered Institute of Arbitrators.
Served as arbitrator in cases under AAA, ICC, ICSID, UNCITRAL and other rules; arbitrations involved electricity, gas, transportation and mining concessions; joint-venture agreements; satellite and other insurance coverage; construction; and energy distribution; represented both investors and states in arbitrations pursuant to bilateral investment treaties, national investment laws and the Energy Charter Treaty; represented companies and states in connection with court proceedings involving sovereign immunity, act of state, and the recognition and enforcement of foreign judicial and non-judicial awards. In addition, substantial experience with the U.S. Foreign Corrupt Practices Act, other anti-bribery laws and sanctions programs and has developed and implemented anti-corruption programs for companies and financial services firms. Listed in Euromoney Guide, Experts in Commercial Arbitration; Chambers USA; Best Lawyers in America. Legal 500, Benchmark Litigation and Super Lawyers; Benchmark Litigation’s 2018 “International Arbitration Lawyer of the Year”.
“US Domestic Commercial Arbitration”, law school textbook (forthcoming, Spring 2019). Admissibility, Barton Legum ed., The Investment Treaty Arbitration Review 1st Edition, Law Business Research: April 2016 (with Elitza Popova-Talty); China’s Rising Outward FDI, Its reception in Host Countries and Implications for International Investment Law and Policy (forthcoming) (Oxford University Press: 2015) (with Karl P. Sauvant); A Two-Way Street, A Guide to the Use of Bilateral Investment Treaties, India Business Law Journal, May 2012 (with Teddy Baldwin); Minimising Risk in the Face of Government Action, Project Finance International, May 16, 2012 (with Teddy Baldwin; The U.S. and EU Debt Crises in International Law, A Preliminary Review, Wall Street Lawyer, Oct. 2011 (with Frédéric G. Sourgens); The Limits of Discretion? Self-Judging Emergency Clauses in International Investment Agreements. Karl Sauvant ed., Yearbook on International Law & Policy (Oxford University Press: 2012) (with Frederic G. Sourgens); International Treaties, Upgrade Your Security. International Financial Law Review, September 2011 (with Frederic G. Sourgens and Monica R. DiFonzo); Reports of Overseas Private Investment Corporation Determinations (Oxford University Press: 2011) (with Mark Kantor & Karl P. Sauvant); Recent Trends in Public Political Risk Insurance Coverage. Corporate Finance Review, May/June 2011(with Frederic Gilles Sourgens & Christina Totino); Dispute Resolution in Project Finance Transactions. John Dewar ed. International Project Finance (Oxford University Press: 2011) (with Julian Stait and Erin Culbertson); Limits of Consent - Arbitration Without Privity And Beyond. M.Á. Fernández-Ballesteros & David Arias (eds.), Liber Amicorum Bernardo Cremades pp. 873-911 (2010) (with Frédéric G. Sourgens); Issues of proof of general principles of law in international arbitration, 3 World Arb. & Mediation Rev. 505 (2009) (with Frédéric G. Sourgens); State-controlled entities as claimants in international investment arbitration: an early assessment. Columbia FDI Perspectives No. 32 December 2, 2010 (with Frédéric G. Sourgens); Reporter, Roundtable on States and State-Controlled Entities as Claimants in International Investment Arbitration, Vale Columbia Center on Sustainable International Investment, March 2010; Co-Reporter, Japanese Bilateral Investment Treaties, www.investmentclaims.com (Oxford University Press: 2011); Co-Reporter, Venezuelan Bilateral Investment Treaties, www.investmentclaims.com (Oxford University: 2011); What Is a Distressed Investor to Do? Transnational Dispute Management Oil, Gas & Energy Law Intelligence, Apr. 2008 (with Frédéric G. Sourgens); Elements of International ADR, Inside the Minds, Strategies for Successful Arbitration (2008), The Interplay between State Consent to ICSID Arbitration and Denunciation of the ICSID Convention: The (Possible) Venezuela Case Study Transnational Dispute Management, Sept. 2007 (with Frédéric G. Sourgens); New Approach Creates Paradox for U.S. Parties, Global Arbitration Review, Vol. 2, Issue 3 (with Lesley Benn); Bilateral Treaties Mitigate Risk, Latin Finance 2007 (with Allan T. Marks); The Treatment of Contract-Related Claims in Treaty-Based Arbitration, Mealey’s International Arbitration Report, June 2006 (with Edward G. Baldwin); The Punitive Damages Remedy: Lessons for Drafters of Arbitration Agreements, AAA, Dispute Resolution Journal, Nov. 2005-Jan 2006 (with Andrew M. Leblanc); The Arbitration Risk Facing Sovereign Investors, International Financial Law Review (IFLR), December 2005 (with Mark Kantor and Edward G. Baldwin).