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

Henry 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, he 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. He also acts as arbitrator.

Henry Weisburg was selected as 2012 Global Lawyer of the Year by The American Lawyer (27 December 2012). He has been praised by clients and peers in leading directories as “tremendously smart,” a “hugely experienced and very impressive” lawyer with an “electric intellect” and who “always has his strategy clearly defined” and is “excellent at preparing a case.”

Representative International Arbitration Matters

• Representation of a European biotech company, Claimant in an arbitration in New York under the CPR non-administered rules against a North American company in the healthcare sector. The dispute arises from a collaboration agreement. New York law applies.
• Representation of the Republic of Panama, Respondent in an ICSID arbitration brought by Omega Engineering LLC and Mr. Oscar Rivera (ICSID Case No. ARB/16/42). The dispute relates to infrastructure construction projects. The claims are brought under both the US-Panama bilateral investment treaty and trade promotion agreement.
• Representation of The Dow Chemical Company in winning the largest ICC arbitration award ever ($2.5 billion), against a Kuwaiti state-owned company arising out of a failed petrochemicals joint venture.  Shearman & Sterling was awarded The American Lawyer’s Grand Prize for Global Dispute of the Year (2013) for its conduct of this case.
• Representation of an international joint venture, Respondent and Counterclaimant and in an ICDR arbitration in New York initiated by a North Asian company. The dispute arose from an agreement for the construction of a chemical plant in North America. Issues included delay and defective works. New York law applied.
• Representation of a major Brazilian financial institution and its founders in an ICC arbitration against a European telecom arising from the failure of a large Brazilian joint venture.
• Representation of a Middle Eastern business man in an ICC arbitration in Geneva related to the dissolution of a long-standing family partnership. The law of a Gulf State applies. Billions of dollars are at stake.
• Representation of an Asian engineering and construction contractor, Claimant in an ICC arbitration in New York against a North American owner. The dispute arose from an agreement for the construction of a coal gasification facility in the United States.  New York law applied.
• 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 ($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, 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 $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), affirmed, No. 12-4022(L) (2d Cir. Jan. 7, 2014); 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).

• Director, New York International Arbitration Center (NYIAC)
• 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 (LCIA)
• Member, International Arbitration Institute (IAI)
• Member, American Society of International Law (ASIL)
• Member, American Bar Association (ABA)
• Director, American Arbitration Association (AAA) (1992-97)

Awards & Accolades

• Henry Weisburg has a “wealth of experience and demonstrates extraordinary knowledge of the law,” reports one client, adding that he has “at all times been extremely responsive with sensible, concise and coherent advice on the relevant issues.” He acts for clients on both commercial and investment treaty arbitrations, as well as offering wider skill as a litigator. – Chambers Global 2021 – International Arbitration (U.S.)
• Henry Weisburg is well regarded for his wide-ranging practice, covering investment treaty and commercial arbitrations. He regularly acts for a variety of clients, including states and multinational companies. – Chambers Global 2020 – International Arbitration (U.S.)
• The ‘absolutely brilliant’ Henry Weisburg is experienced in handling both commercial and investment treaty arbitrations under a broad range of institutional rules. Clients report: “He has the ability to take very complex issues and present them in a very clear and concise manner to keep the attention of the tribunal.” – Chambers Global 2019 – International Arbitration (U.S.)
• “Henry Weisburg is commended by clients for his very flexible and very intelligent approach. Recent activity has seen him act on corporate disputes involving Europe, South America and the Middle East. He is also noted for his litigation practice, where he regularly assists clients with enforcement and wider arbitration-related court work.” – Chambers Global 2018 – International Arbitration (U.S.)
• “Henry Weisburg is ‘a high-quality lawyer’ with extensive experience across a range of arbitral proceedings. He regularly advises on cross-border disputes arising in the context of complex projects and joint ventures.” – Chambers USA 2017 – International Arbitration
• “‘They have a superb arbitration team.’ ‘Henry Weisburg is ‘a high quality lawyer’ with extensive experience across a range of arbitral proceedings.” – Chambers USA 2016 – International Arbitration
• “Henry Weisburg brings over 30 years of experience in commercial and investor-state arbitrations to his engagements. Sources rate him as ‘smart, very experienced and effective.’” – Chambers USA 2015 – International Arbitration
• “The highly experienced Henry Weisburg is praised by various sources as ‘a smart and effective lawyer who is very on top of his game.’ He handles both investor-state and commercial disputes with equal aplomb.” – Chambers USA 2014 – International Arbitration
• “Shearman & Sterling … attracts particular praise for the quality of New York partner Henry Weisburg, who is ‘very impressive as a big-picture guy’ and successfully secured the largest ICC arbitration award ever for The Dow Chemical Company in its dispute against a Kuwaiti state-owned entity over a failed petrochemicals joint venture.” – Legal 500 US 2014 – International Arbitration
• American Lawyer’s Litigator of the Week (Jan. 9, 2014), for Second Circuit affirmance of Ometto v. ASA Bioenergy Holding A.G., No. 12-4022(L) (2d Cir. Jan. 7, 2014)
• “Henry Weisburg has long-standing experience in the international arbitration arena, and is hailed as being ‘excellent at preparing a case.’ As well as regularly representing parties in commercial and investment treaty arbitrations, he also conducts high-stakes enforcement proceedings.” –Chambers USA 2013 – International Arbitration
• “The ‘hugely experienced and very impressive’ Henry Weisburg ‘always has his strategy clearly defined’” and he is “‘a very practical person who is always looking at how best to obtain a result.’” – Legal 500 US 2013 – International Arbitration
• American Lawyer’s Grand Prize for Global Dispute of the Year (2013) for the firm’s handling of The Dow Chemical Company v. Kuwait
• American Lawyer’s Global Lawyer of the Year (2012)