Lawyers

New York
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Henry Weisburg
Partner

Education
New York University School of Law, J.D., 1977
Trinity College, B.A., 1973

Practice
Henry Weisburg’s international arbitration and international litigation practice focuses on the resolution of cross-border financial disputes (often involving sovereigns) arising out of investment, project and joint venture disputes, expropriations, banking insolvencies, sovereign debt restructurings and similar matters.

Mr. Weisburg was selected as 2012 Global Lawyer of the Year by The American Lawyer (27 December 2012).

Mr. Weisburg represents clients in international arbitrations in proceedings administered by many different bodies, including the International Court of Arbitration of the International Chamber of Commerce, the International Centre for Settlement of Investment Disputes, the American Arbitration Association and the London Court of International Arbitration, as well as in ad hoc proceedings. In addition, Mr. Weisburg regularly appears in domestic courts with respect to issues such as the construction and enforcement of arbitration clauses, arbitral awards and foreign judgments, sovereign immunity issues and matters involving torts under international law.


Experience
Representative International Arbitration Matters
  • Representation of The Dow Chemical Company in winning the largest ICC arbitration award ever (US$2.5 billion), against a Kuwaiti state-owned company arising out of a failed petrochemicals joint venture.
  • Representation of Credit Suisse and a Dresdner Bank subsidiary in two ICC arbitrations against the Republic of Uruguay relating to the insolvency of Uruguay’s largest commercial bank. Clients awarded their claims in their entirety (US$150+ million).
  • Representation of Macquarie Bank in the successful defense of claims brought in an ICC arbitration by an agency of the Republic of Korea, arising from the sale by the Korean government of a large life insurance company.
  • Representation of the Slovak Republic as respondent in an ICSID proceeding arising out of the dissolution of Czechoslovakia.
  • Representation of the Belco Petroleum Company in a successful AAA arbitration against a syndicate of insurers on a US$170 million political risk insurance claim arising out an expropriation in Peru.
  • Representation of major international banks in successful political risk insurance claims arising out of expropriatory acts in India and Argentina.
  • Representation of a major reinsurance intermediary in multiple arbitrations arising out of the failure of a large insurance pool.

Representative International Litigation Matters
  • Enforcement of Arbitration Agreements: Alghanim v. Alghanim, 828 F.Supp.2d 636 (SDNY 2011); Oriental Republic of Uruguay v. Chemical Overseas Holdings, Inc., 2006 US Dist LEXIS 2261 (SDNY 2006); Pharmacia & Upjohn Co. v. Elan Pharmaceuticals, 781 N.Y.S. 95 (App.Div, 1st Dept. 2004).
  • Enforcement of Arbitration Awards: Ometto v. ASA Bioenergy Holding A.G., 12 Civ. 1328 (JSR) (SDNY Jan. 2, 2013); GE Transportation S.p.A. v. Republic of Albania, 693 F.Supp.2d 132 (DDC 2010).
  • Foreign Sovereign Immunities Act: Capital Trans International, LLC v. International Petroleum Investment Company et al., 2013 WL 557236 (MDFla. 2013); Janvey v. Libyan Investment Authority, 2012 US Dist. LEXIS 48000 (NDTx 2012), affirmed, 2012 US App LEXIS 11961 (5th Cir. 2012).
  • International Torts: In re Terrorist Attacks on September 11, 2001, 349 F.Supp.2d 765 (SDNY 2005); 462 F.Supp.2d 561 (SDNY 2006); 471 F.Supp.2d 444 (SDNY 2007).
  • Forum Non Conveniens: Acosta v. JPMorgan Chase & Co., 2006 US Dist LEXIS 3491, affirmed, 2007 US Apps LEXIS 5635 (2d Cir. 2007); Garmendia v. O’Neill, 847 N.Y.S.2d 563 (App.Div, 1st Dept. 2007).


Selected Professional & Business Activities
  • Member, Committee on International Commercial Dispute Resolution, The Association of the Bar of the City of New York
  • Director, New York International Arbitration Center
  • Member, Task Force on the Revision of the ICC Rules of Arbitration
  • Member, New York State Bar Association Task Force on New York Law in International Matters
  • Founding Member, The International Arbitration Club of New York
  • Member, London Court of International Arbitration
  • Member, International Arbitration Institute
  • Member, American Society of International Law
  • Member, American Bar Association
  • Director, American Arbitration Association (1992-97)


Bar Admissions/Qualifications
New York


Courts
United States Supreme Court
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of New York
United States District Court for the Western District of New York
United States Court of Appeals for the First Circuit
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Eleventh Circuit