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Henry Weisburg

Of Counsel

Henry’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 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 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.”

Experience

Representative matters

International Arbitration

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.

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.

The Dow Chemical Company in winning the largest ICC arbitration award ever (USD 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.

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.

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.

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.

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.

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 (USD 150+ million).

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.

The Slovak Republic, Respondent in an ICSID proceeding arising out of the dissolution of Czechoslovakia.

Belco Petroleum Company in a successful AAA arbitration against a syndicate of insurers on a USD 170 million political risk insurance claim arising out an expropriation in Peru.

Major international banks in successful political risk insurance claims arising out of expropriatory acts in India and Argentina.

A major reinsurance intermediary in multiple arbitrations arising out of the failure of a large insurance pool.

 

Litigation

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).

Leadership Positions And Professional Affiliations

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)

Recognition
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.
International Arbitration (U.S.), 2021
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.), 2020

Awards

  • 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), American Lawyer, 2014
  • Grand Prize for Global Dispute of the Year for the firm’s handling of The Dow Chemical Company v. Kuwait, American Lawyer, 2013
  • Global Lawyer of the Year, American Lawyer, 2012

Qualifications

Admissions

New York State (First Dept)-NY-State, 1978

Courts

Court of Appeals-PA-Federal-3rd Circuit, 2007
Court of Appeals-MA-Federal-1st Circuit, 2000
Court of Appeals-IL-Federal-7th Circuit, 1999
New York Northern District Court-NY-Federal-2nd Circuit, 1998
Court of Appeals-AL-Federal-11th Circuit, 1997
New York Western District Court-NY-Federal-2nd Circuit, 1995
Court of Appeals-VA-Federal-4th Circuit, 1994
Court of Appeals-CA-Federal-9th Circuit, 1987
Court of Appeals-LA-Federal-5th Circuit, 1981
US Supreme Court-DC-Federal, 1981
Court of Appeals-NY-Federal-2nd Circuit, 1981
New York Eastern District Court-NY-Federal-2nd Circuit, 1978
New York Southern District Court-NY-Federal-2nd Circuit, 1978

Academic

J.D., New York University, 1977
Bachelor of Arts, Trinity College (CT), 1973
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.