Winter 2010/2011 Litigation Update

Rising Star

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Stephen P. Anway

Partner

Stephen Anway, a member of the New York and Ohio Bars, is a partner in the Squire Sanders international arbitration group, ranked by The Global Arbitration Review and The American Lawyer’s Arbitration Scorecard as one of the top arbitration practices in the world.

Stephen acts as counsel in investment treaty arbitrations and commercial arbitrations under the ICSID, ICC, and UNCITRAL Arbitration Rules. He also represents clients in US courts in cases with an international law element, including cases concerning the recognition and enforcement of international arbitral awards. In addition to contentious matters, he advises governments on various issues of public international law and is a frequent lecturer on investment treaty and commercial arbitration matters.

Stephen has acted as counsel in the following investment treaty cases:
  • Phoenix Action, Ltd. v. Czech Republic, ICSID Case No. ARB/06/5, Decision on Provisional Measures, April 6, 2007, and Final Award, April 15, 2009 (lead counsel for the Czech Republic; involved US$100 million claim under the Israel-Czech Bilateral Investment Treaty; the Czech Republic prevailed and was awarded US$1.25 million in legal fees).
  • Sergei Paushok, CJSC Golden East Company and CJSC Vostokneftegaz Company v. Mongolia, UNCITRAL, Order on Interim Measures, Sept. 2, 2008, and Award on Jurisdiction and Liability, April 28, 2011 (counsel to Russian investor; involved claim under the Russia-Mongolia Bilateral Investment Treaty; Mongolia was temporarily enjoined from enforcing windfall profits tax and later found to have violated Treaty through other conduct, although tax upheld);
  • InterTrade Holding BmgH v. Czech Republic, UNCITRAL (counsel to the Czech Republic; involves claim for more than US$100 million under the German-Czech Bilateral Investment Treaty; matter ongoing);
  • Occidental Petroleum Corporation et al. v. The Republic of Ecuador, ICSID Case No. ARB/06/11 (counsel to the Republic of Ecuador; involves US$3 billion dollar claim under the US-Ecuador Bilateral Investment Treaty; matter ongoing).
  • ECE Projektmanagement International GmbH v. Czech Republic, UNCITRAL (counsel to the Czech Republic; involves claim for more than US$100 million under the German-Czech Bilateral Investment Treaty; matter ongoing).

Stephen was also counsel for the winning party in two of the top 12 arbitral awards in the world from 2004 to 2009, as ranked by the American Lawyer’s Focus Europe. The first was a billion-dollar UNCITRAL award in which he represented a Europe-based client against an Africa-based company in 2005. The second was a billion-dollar UNCITRAL award in which he represented a Europe-based client against a Caribbean-based company in 2008. Stephen played a lead role in obtaining recognition and enforcement of the latter award under the New York Convention of 1958 (as well as defeating a cross-petition to vacate the award). (Gas Natural Aprovisionamientos, SDG, S.A. v. Atl. LNG Co. of Trinidad and Tobago, 2008 US Dist. LEXIS 69632, 2008 WL 4344525 (S.D.N.Y. Sept. 16, 2008))

Stephen’s US litigation practice focuses on complex commercial litigation before state and federal courts. He argued before the Sixth Circuit Court of Appeals, obtaining unanimous reversal of a district court order enjoining a major brokerage firm from proceeding to arbitration. (Gordon v. Dadante, 294 Fed. Appx. 235, 2008 U.S. App. LEXIS 20157, 6th Cir. 2008) He has also argued in federal court on behalf of more than 30 defendant banks and financial institutions in a putative class action involving alleged improper handling of funds, resulting in the dismissal of the banks and financial institutions from the litigation. (Metz v. Unizan Bank, 416 F. Supp. 2d 568, 2006 U.S. Dist. LEXIS 7027, N.D. Ohio 2006)

Before joining Squire Sanders, Stephen clerked for the Chief Justice of the Supreme Court of Ohio, the late Thomas J. Moyer, who was the longest sitting chief justice in the United States. He co-authored an article with Chief Justice Moyer titled, “Biotechnology and the Bar: A Response to the Growing Divide Between Science and the Legal Environment,” published in the Berkeley Technology Law Journal and republished by the American Bar Association in the Spring 2008 issue of The Judge’s Journal.

Stephen has served as an adjunct professor at The Ohio State University Moritz College of Law and is the author of several award-winning law review articles.

In each of the past five years, Stephen has been selected for inclusion in Ohio Super Lawyers – Rising Stars Edition, a distinction that recognizes the top 2.5 percent of Ohio lawyers under the age of 40 or those in practice for 10 years or less.

Pobierz wizytówkę elektroniczną

Nowy Jork
 +1 212 407 0146

Cleveland
+1 216 479 8279

Wykształcenie

The Ohio State University, J.D., with honors, managing editor, Ohio State Law Journal, 2002
Bowling Green State University, B.A., summa cum laude, 1999

Admissions

New York, 2009
Ohio, 2002
U.S. Supreme Court
U.S. Ct. of App., Sixth Circuit
U.S. Dist. Ct., N. Dist. of Ohio
U.S. Dist. Ct., S. Dist. of New York