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Sharpe Jeremy

Jeremy K. Sharpe

Partner
Jeremy Sharpe is a partner in Shearman & Sterling’s International Arbitration and Public International Law Groups, based in London.  He counsels private and sovereign clients on diverse matters of international dispute resolution, public international law, and international investment law and policy.  He has acted as counsel for disputing parties and non-disputing parties in more than 25 international investment disputes, and in numerous international commercial disputes under institutional and ad hoc arbitration rules. His experience spans a range of industries, including construction, financial services, mining, nuclear, oil and gas, pharmaceuticals, and transportation.

Jeremy Sharpe previously served as Chief of Investment Arbitration in the Office of the Legal Adviser of the U.S. Department of State, representing the United States in investor-State and State-to-State disputes arising under bilateral investment treaties and investment chapters of free trade agreements.  In that capacity, he led a team that successfully defended the United States in over $2 billion in claims and advised on the negotiation of several major multilateral and bilateral investment treaties on behalf of the United States.

Jeremy Sharpe’s State Department experience also includes serving as Attorney-Adviser in the Office of African and Near Eastern Affairs, where he coordinated Iraq-related legal issues for the State Department, and in the Office of International Claims and Investment Disputes, where he represented U.S. investor interests and acted as counsel for the United States in international commercial and investment disputes and in claims before the Iran-United States Claims Tribunal.  He also served as the Legal Adviser to the U.S. Embassy in Baghdad, where he advised the ambassador and other embassy principals on U.S., Iraqi, and international law.

Before joining the State Department, Jeremy Sharpe practiced international commercial and investment arbitration at a leading international practice in Washington, D.C. and clerked for Judge Charles N. Brower at the Iran-United States Claims Tribunal in The Hague.

Selected Experience

Jeremy Sharpe’s recent advisory work includes:
  • Advising a European State on pre-arbitration investment disputes
  • Advising U.S. investors on the expropriation of mining interests by a Central American State
  • Advising an Asian State on investment treaty policy and coordination of the State’s defense in international investment arbitration
  • Advising an Asia-Pacific State on coordinating its defense in international investment arbitration
  • Advising a Middle Eastern State on coordinating its defense in international investment arbitration

Select Publications

  • Iran-United States Claims Tribunal (2nd ed., Kluwer, forthcoming 2016) (with C.N. Brower, L.M. Caplan, and J. Wong)
  • “Negotiating from a Model Bilateral Investment Treaty” (forthcoming in Treaty-Making in Investment Law, IAI Series on International Arbitration No. 10, 2017)
  • “FTAs with Appeals Mechanisms” (QMUL-SIA/ICSID, forthcoming 2016)
  • “Trends in Investment Chapter/BIT Drafting to Address Environmental Protection,” in COP21 Climate Change Related Disputes: A Role for International Arbitration and ADR (ICC, forthcoming 2016)
  • “Practising Virtue: Inside International Arbitration” (D. Caron et al.), book review, Arbitration International (2016) (with L.M. Caplan)
  • “The Minimum Standard of Treatment, Glamis Gold, and Neer’s Enduring Influence,” in Building International Investment Law: The First 50 Years of ICSID (M. Kinnear et al. ed., Kluwer Law International, 2015)
  • “The Potential Impact on Investment Arbitration of the ILC’s Work on Customary International Law,” AJIL Unbound (Dec. 23, 2014)
  • “Possible Paradigmatic Changes in the Settlement of International Investment Disputes,” in Proceedings of the 108th Annual Meeting of the American Society of International Law 193 (2014)
  • “Representing a Respondent State in Investment Arbitration,” in Litigating International Investment Disputes: A Practitioner’s Guide 41 (C. Giorgetti ed., Martinus Nijhoff, 2014)
  • “Determining the Extent of Discovery and Dealing with Requests for Discovery: Perspectives from the Common Law,” in The Leading Arbitrators’ Guide to International Arbitration 307 (Newman & Hill eds., Juris, 3rd rev. ed. 2014; 2nd rev. ed. 2008; 1st ed. 2004) (with C.N. Brower)
  • “Reform of Investor-State Dispute Settlement: The U.S. Experience,” Transnational Dispute Management (2014), reprinted in Reform of Investor-State Dispute Settlement: In Search of a Roadmap (Anna Joubin-Bret and Jean Kalicki eds., Martinus Nijhoff, 2015) (with K. Kizer)
  • “United States,” in Commentaries on International Investment Agreements (C. Brown ed., Oxford, 2013) (with L.M. Caplan) 
  • “Challenge Decision in Mauritius v. United Kingdom,” 51 International Legal Materials 350 (2012)
  • “The Iran-United States Claims Tribunal,” in The Rules, Practice, and Jurisprudence of International Courts and Tribunals 545 (C. Giorgetti ed., Brill, 2012)
  • “Challenge Decision in Vito G. Gallo v. Canada,” 49 International Legal Materials 23 (2010)
  • “The Role of States in Fostering the Culture of Arbitration,” in World Jurist Association Working Papers (2009)
  • “L’état du droit en Irak,” 35 Recueil Dalloz 2488 (2008)
  • “Inoperative Arbitration Agreements Under the New York Convention,” in Enforcement of Arbitration Agreements and International Arbitral Awards—The New York Convention 1958 in Practice 297 (E. Gaillard & D. Di Pietro eds., 2008) (with C. Lamm)
  • “Drawing Adverse Inferences from the Non-Production of Evidence,” 22 Arbitration International 549 (2006)
  • “Awards of Compound Interest in International Arbitration: The Aminoil Non-Precedent,” in Global Reflections on International Law, Commerce and Dispute Resolution 155 (G. Aksen et al. eds., ICC, 2005) (with C.N. Brower)
  • “The Creeping Codification of Transnational Commercial Law: An Arbitrator’s Perspective,” 45 Virginia Journal of International Law 199 (2004) (with C.N. Brower)
  • “The Coming Crisis in the Global Adjudication System,” 19 Arbitration International 415 (2003) (with C.N. Brower and C.H. Brower II) (reprinted in 7 World Arbitration and Mediation Review
  • “Multiple and Conflicting International Arbitral Awards,” 4 Journal of World Investment and Trade 211 (2003) (with C.N. Brower)
  • “International Arbitration and the Islamic World: The Third Phase,” 97 American Journal of International Law 643 (2003) (with C.N. Brower)

Recent Speaking Engagements

  •  “The Future of Dispute Resolution on Free Trade Agreements” (moderator), ICC UK Annual Arbitration Conference, London, UK (November 30, 2016) 
  • “Best Practices for States in Organizing Their Defense to International Investment Claims” (speaker), Energy Charter Secretariat Investment Working Group, Brussels, Belgium (Sept. 20, 2016)
  • “FTAs with an Appeals Mechanism” (panelist), Inaugural SIA/QMUL and ICSID Joint Arbitration Symposium: Current Trends in Investor-State Arbitration, London, UK (September 8, 2016)
  • “Interpretation of Investment Treaties” (faculty), Investment Treaty Law Arbitration Training, African Information Legal Awareness, London, UK (September 5, 2016, September 14, 2015)
  • “Fair and Equitable Treatment and the Minimum Standard of Treatment,” “Non-Discrimination Obligations,” “Importing Standards Through MFN,” and “Treaty Interpretation and the State’s Role” (faculty), Investment Arbitration for Government Officials, Executive Training Program, Columbia Center on Sustainable Investment,  New York, NY (August 1-5, 2016)
  • “ISDS Under TTIP: What is All the Fuss About?” (panelist), ABA Section on International Law, 2016 Europe Forum,  Rome, Italy (May 30, 2016)
  • “New Developments in Litigation in the Natural Resources Industry” (panelist), International Bar Association, Biennial Conference of the Section on Energy, Environment, Natural Resources and Infrastructure Law 2016, New York, NY (April 20, 2016)
  • “Negotiations Based on a Model BIT or a Model FTA” (panelist), International Arbitration Institute, Treaty-Making in Investment Arbitration, London (April 19, 2016); Washington, DC (November 20, 2015)
  • “Preventing and Resolving Disputes: Current Issues and Key Considerations for Users of Mediation and Arbitration” (moderator), International Institute for Conflict Prevention and Resolution (CPR)/Shearman & Sterling LLP, London (March 16, 2016)
  • “First Look: The Treatment of Investment Under the Trans-Pacific Partnership” (panelist), British Institute for International and Comparative Law, Investment Treaty Forum, London (March 10, 2016)
  • “Investor-State Arbitration and Public Health Policies: The Philip Morris Cases (speaker), Cambridge Arbitration Day, Cambridge, England (March 5, 2016) 
  • “Defending International Claims: Lessons from the U.S. Experience” (speaker), Kuwait Conference on International Investment Arbitration, Kuwait (February 17, 2016) 
  • “International Arbitration & ADR in Enforcing Treaty Environmental Obligations” (panelist), IBA/ICC/PCA/SCC Conference COP21: Climate Change-Related Disputes: A Role for International Arbitration and ADR, Paris, France (December 7, 2015) 
  • “Increasing the Legitimacy of ISDS” (speaker), Max Planck Institute Luxembourg, Transatlantic Trade and Investment Partnership (TTIP) – Framing an Adequate System for Investor-State Dispute Settlement, Luxembourg (December 4, 2015) 
  • “Ethics for Counsel in International Adjudication” (moderator), American Branch of the International Law Association, International Law Weekend, New York, NY (November 6, 2015) 
  • “State-to-State Proceedings Under Investment Treaties” (moderator), The State of Play: The Active Role of States and State-Owned Entities in International Arbitration, Kiev, Ukraine (November 4, 2015) 
  • “Interaction Between National Courts and International Arbitration” (panelist), Georgian International Arbitration Center (GIAC) Arbitration Days 2015, Tbilisi, Georgia (October 9, 2015) 
  • “The Role of Judges and Arbitrators in Natural Resource Activities” (panelist), International Bar Association Annual Conference, Vienna, Austria (October 8, 2015) 
  • “Public and Private Paradigms in Investment Treaty Arbitration” (discussant), CIDS International Conference 2015, International Dispute Settlement at the Crossroads of Public and Private International Law, Geneva, Switzerland (September 25, 2015) 
  • “Current Issues in Investor-State Dispute Settlement” (moderator), U.S. State Department’s Advisory Committee on Public International Law, Washington, DC (June 26, 2015) 
  • “Challenges to Investment Across Borders” (panelist), HKIAC/ICCA, Hong Kong Summit, Hong Kong (May 13, 2015) 
  • “International Adjudication and the Development of International Law” (presenter), American Society of International Law 2015 International Legal Theory Workshop: Whither the West? Debates on Concepts of International Law in Europe and North America, Washington, DC (May 8, 2015) 
  • “The Current State of International Dispute Resolution” (speaker), American Society of International Law, International Dispute Resolution Interest Group, Washington, DC (April 9, 2015) 
  • “The Role of International Courts” (panelist), Berkeley Law School’s Stefan A. Riesenfeld Symposium, Berkeley, CA (April 6, 2015)

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Education

  • Harvard Law School, LL.M.
  • New York University School of Law, J.D.

Admissions/Qualifications

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