Henry Weisburg, Independent Arbitrator
In a career spanning four decades, independent arbitrator Henry Weisburg has led numerous headline-making international disputes, including both commercial and investor-state arbitrations, before all major arbitral bodies. Mr. Weisburg has handled disputes in the Americas, Europe and the Middle East, regularly advising on claims arising from complex projects and joint ventures, expropriations, financings and cross-border investments, and construction disputes. In his litigation practice, Mr. Weisburg has regularly appeared in cases concerning the enforcement of arbitration clauses and awards, in wider arbitration-related proceedings, and in complex international disputes.
Mr. Weisburg has been described as “absolutely brilliant” (Chambers Global - International Arbitration), and his peers have praised him as “hugely experienced and very impressive...always has his strategy defined” and “a very practical person who is always looking at how best to obtain a result” (The Legal 500). He was also named the American Lawyer’s Global Lawyer of the Year.
Among his significant victories, Mr. Weisburg represented Dow Chemical Corporation in its claim against Kuwait following Kuwait’s cancellation of a petrochemical company acquisition agreement. He won - and collected - $2.5 billion, the largest award collection at the time, which was designated as the American Lawyer’s Global Dispute of the Year.
Mr. Weisburg practiced with Shearman & Sterling for more than 40 years. A member of the firm’s Arbitration and Litigation Groups, he also held key senior management positions, including member of the firm’s Policy Committee (elected to multiple terms), Practice Group Leader of the Litigation Group, and Chair of both the firm’s Conflicts & Ethics and Pro Bono Committees.
Notable pro bono cases handled by Mr. Weisburg include Colvin v. Syrian Arab Republic, in which Mr. Weisburg represented the Colvin family in obtaining judgment against Syria for the assassination of reporter Marie Colvin and Faulkner v. Jones et al., in which Mr. Weisburg represented Shannon Faulkner in her successful action to require the admission of women to The Citadel.
Education and Professional Practice
Education
BA, Trinity College; JD, New York University
Shearman & Sterling, now A&O Shearman (associate, 1977 – 1984; partner, 1985 – 2021; of counsel, 2022 – 2024)
Member and Practice Group Leader, Litigation Group; Founder and Member, Arbitration Group
Member, Policy Committee (multiple terms)
Chair, Conflicts & Ethics Committee
Chair, Pro Bono Committee
Professional Practice
Bar Admissions
New York
United States District Courts: New York (all districts); Eastern District of Michigan
United States Courts of Appeal: First, Second, Third, Fourth, Fifth, Seventh and Ninth Circuits
Supreme Court of the United States
ICC Advanced Arbitration Academy; ICC Task Force on Financial Institutions and International Arbitration; ICC Task Force on the Revision of the ICC Rules of Arbitration
American Arbitration Association: Board of Directors (1992 – 1997)
International Arbitration Club of New York (IACNY): founding member
New York International Arbitration Center (NYIAC): founding director; Executive Committee member
International Arbitration Institute (IAI): member
Commercial Bar Association (COMBAR): overseas member
Association of the Bar of the City of New York: member. International Commercial Disputes Committee; member, State Courts of Superior Jurisdiction Committee
New York State Bar Association Task Force on New York Law in International Matters
Representative Memberships
and Boards
Arbitration Panel Memberships
International Chamber of Commerce (ICC)
London Court of International Arbitration (LCIA)
American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR)
Abu Dhabi Global Market (ADGM)
Dubai International Arbitration Centre (DIAC)
Saudi Center for Commercial Arbitration (SCCA)
Vancouver International Arbitration Centre (VanIAC)
Financial Industry Regulatory Authority (FINRA)
eBram International
Cases
Omega et al. v. Republic of Panama (ICSID): represented Panama in defense of claims for wrongful cancellation of multiple construction projects and abusive criminal investigation.
Genmab A/S v. Janssen (unadministered; two cases, before separate tribunals): represented claimant inventor/licensor in multiple disputes arising under License Agreement with respect to blockbuster monoclonal antibody cancer drug.
Alghanim v. Alghanim (ICC; Geneva seat): represented claimant in disputed dissolution of multiple billion-dollar investments shared by two Kuwaiti brothers.
Rhine Park Holdings Ltd. v. Sasol Polymers International Investments (PTY) Ltd. et al. (ICC; London seat): represented Sasol entities in defense of claims with respect to sale of polymer distribution business.
Opportunity Fund et al. v. Telecom Italia International N.V. et al. (ICC; Paris seat): represented multiple claimants in dispute regarding control of Brazilian telecom networks following their privatization.
Samsung Engineering America Inc. et al. v. Dow-Mitsui Chlor-Akali LLC (ICDR): represented owner in defense of claims for delay and cost overruns by EPC contractor with respect to the construction of a chlor-alkali manufacturing complex in Texas.
ASA Bioenergy Holding A.G. v. Adriano Giannetti Dedini Ometto et al. (ICC; two cases, heard by same tribunal): dispute arising from sugar complex acquisition agreement; handled all post-award proceedings for successful claimant before a re-constituted tribunal and through Second Circuit affirmance, following discovery coincident with issuance of original awards that the tribunal chair’s law firm had multiple undisclosed conflicts.
Dow Chemical Corporation v. Petrochemical Industries Company (ICC; London seat): represented Dow in claim against Kuwaiti state-owned entity following Kuwait’s cancellation of petrochemical company acquisition agreement (largest known arbitration award and award collection - $2.5 billion - at the time).
Travis Coal Restructured Holdings LLC v. Essar Global Limited (ICC): represented respondent in defense of claim on purchase price guarantee with respect to acquisition of coal mining assets.
Molinos Rio de la Plata S.A. v. Saputo Foods Limited (ICC): represented claimant in action for breach of contract with respect to sale of a consortium of Argentine dairies.
Korean Deposit Insurance Corporation v. Hanwha Corporation and Macquarie Life Limited (ICC; Vancouver seat): represented respondents in opposition to KDIC’s attempted recission of its sale of a majority share of Korea’s largest life insurer to Hanwha and Macquarie.
Argentine Political Risk Insurance cases: handled multiple political risk insurance claims by investors following collapse of Argentine peso.
Chemical Overseas et al v. Republic of Uruguay (ICC): represented Credit Suisse in enforcement of stock purchase agreement triggered by failure of Uruguay’s largest private bank ($108 million award). In second case between same parties, before a different ICC tribunal, represented Credit Suisse in establishing banks did not engage in “intentional misconduct” with respect to ownership and management of Uruguay’s largest private bank.
Ceskoslovenska Obchodni Banka, A.S. (CSOB) v. Slovak Republic (ICSID): represented Slovak Republic in defense of claim arising from failure of Czechoslovak state-owned import-export bank following the “Velvet Divorce.”
Sunlife Assurance Company et al. v. Cragwood Manager LLC (f/k/a Unicover LLC) (ARIAS): represented managing broker as respondent in industry-wide dispute regarding retrocession agreements covering worker-accident policies. Also represented Cragwood in multiple associated arbitrations and court proceedings.
Belco Petroleum v. AIG et al. (AAA): represented Belco in claim against insurers on expropriation policy following Peru’s expropriation of Belco’s offshore oil production platforms; won ($170 million award). Also represented Belco in multiple associated arbitrations and court proceedings.
In re Libyan Producers Agreement (Hunt v. Mobil et al.) (AAA): represented Veba Oil AG in industry-wide dispute following expropriation of oil production by Gaddafi government.
Representative Arbitrations
(as Lead Counsel)
US multinational v. Brazilian multinational (Market Arbitration Chamber (CAM)): mega-claim for losses on securities resulting from false and misleading disclosure following a major international fraud.
Shareholder Representative Services LLC v. Acquiror Company (UNCITRAL; sat as chair): post-closing adjustment dispute.
Wing Subcontractor v. Airframe Manufacturer (ICDR): dispute concerning wing supply agreement.
Law Firm Dissolution (AAA; sat as chair): dispute among partners following law firm dissolution.
MG v. TIAA-CREF (FINRA): employment dispute.
Representative Arbitrations
(as Arbitrator)
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 (AppDiv, 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 (SDNY), affirmed, 2007 US Apps LEXIS 5635 (2d Cir 2007); Garmendia v. O’Neill, 847 NYS2d 563 (AppDiv, 1st Dept. 2007).
Representative International Litigation Matters
Representative Pro Bono Cases
Colvin v. Syrian Arab Republic, No. 16-1423 (ABJ) (DDC): represented Colvin family in obtaining judgment against Syria for the assassination of reporter Marie Colvin.
Faulkner v. Jones et al., 858 F.Supp. 552 (DSC 1994): represented Shannon Faulkner in successful action to require admission of women to The Citadel.
Accolades and Awards
Global Lawyer of the Year (2012)
Global Dispute of the Year
Awarded to Shearman & Sterling for handling of Dow Chemical Company v. Kuwait arbitration
Litigator of the Week
For Second Circuit affirmance of Ometto v. ASA Bioenergy Holding A.G., No. 12-4022(L) (2d Cir. Jan. 7, 2014)
Shearman Veteran to Step Down After 47 Years
(June 28, 2024)
Weisburg Goes Solo in New York
(August 6, 2024)
H. Weisburg et al., “Structuring Foreign Investments to Maximize Protection and Minimize Risk,” N.Y. Law Journal, November 27, 2017.
H. Weisburg et al., “Ensuring Tiered Dispute Resolution Clauses Serve Their Intended Function,” N.Y. Law Journal, November 28, 2016.
H. Weisburg et al., “A Bribe Is a Bribe: FCPA’s Influence on International Arbitration,” N.Y. Law Journal, February 9, 2015.
H. Weisburg et al., “Another Nod to New York's Separate Entity Rule,” Law360, April 3, 2014.
H. Weisburg, “Don’t Cry for Me Argentine Bondholders,” widely read series, published by Shearman & Sterling, on Argentine credit crises:
“Argentina and Exchange Bondholders File Certiorari Petitions,” February 18, 2014
“Avoiding Supreme (Court) Confusion,” September 27, 2013
“The Second Circuit Rules,” August 23, 2013
“Argentina Seeks Supreme Court Review,” June 27, 2013
“Plaintiffs Reject Argentina’s Proposal,” April 22, 2013
“Argentina Responds to the Second Circuit’s Inquiry,” April 1, 2013
“Second Circuit Requests a Payment Proposal,” March 1, 2013
“Important Argument in the Second Circuit,” February 28, 2013
“Second Circuit Briefing Concludes,” February 8, 2013
“Update of Second Circuit Briefing,” January 7, 2013
“The Second Circuit Stays Everything,” November 29, 2012
“Total victory,” November 21, 2012
“Further Update,” November 14, 2012
“Update,” November 9, 2012
“Argentina: Breaking News,” November 6, 2012
“The Second Circuit Decides NML Capital v Argentina,” October 29, 2012
“Argentina, Again,” October 27, 2011
H. Weisburg, “Unilateral Economic Sanctions and the Risks of Extraterritorial Application: the Libyan Example,” 19 NYU J. of Intl Law and Pol. (1987).