Exclusive winner of the ILO Client Choice Award 2014 for Arbitration – United States: New York
Selected by peers as a rising star, the top 2.5 percent of lawyers age 40 or less, or in practice 10 years or less, and listed in the 2014 edition of Ohio Super Lawyers – Rising Stars.
Stephen P. Anway
Stephen Anway is a partner in the firm’s world-ranked international arbitration group. He spends 100% of his counsel time representing clients in major international arbitrations and has acted as counsel in some 50 international arbitration proceedings, including arbitrations brought under more than ten different investment treaties, free-trade agreements and the Energy Charter Treaty. Each spring, Mr. Anway teaches a 13-week doctrinal course on international arbitration at Case Western Reserve University School of Law, where he serves as an Adjunct Professor of Law. Stephen is the exclusive recipient of the 2014 Client Choice Award from the International Law Office (ILO) for the “Arbitration” category in New York.
Stephen specializes in both investment-treaty arbitration, in which he represents both sovereign nations and multinational corporations, and international commercial arbitration, in which he has a particular expertise in natural gas price review arbitrations. In June 2013 The American Lawyer
Arbitration Scorecard published its list of the 20 Largest Commercial Arbitration Awards ever captured by the publication (dating back to 2001), and Stephen represented the winning party in three of them.
Stephen’s investment-treaty experience includes successfully representing the Czech Republic in three major arbitrations (each worth approximately US$100 million):
- ECE Projektmanagement International GmbH et al. v. Czech Republic, UNCITRAL, Award of 19 September 2013 – tribunal rejected all claims on the merits and awarded the Czech Republic most of its costs and legal fees.
- InterTrade Holding BmgH v. Czech Republic, UNCITRAL, Award of May 29, 2012 – tribunal denied all claims, holding that the acts and omissions in question were not attributable to the State under public international law.
- Phoenix Action, Ltd. v. Czech Republic, ICSID Case No. ARB/06/5, Award of April 15, 2009 – tribunal declined jurisdiction over all claims, establishing the seminal ruling on the principle of good faith and abuse of rights under public international law, and awarding the Czech Republic all of its costs and legal fees.
More recently, he acted as counsel for Slovakia in the precedent-setting case, Achmea B.V. v. The Slovak Republic
, PCA Case No. 2013-12, Final Award dated 20 May 2014, in which Slovakia fully defeated the foreign investor’s claims under the Dutch-Slovak Bilateral Investment Treaty and was awarded its costs and legal fees.
He is currently advising numerous other sovereign nations and multinational corporations on investment-treaty matters.
Stephen’s commercial international arbitration experience includes, most recently, acting as counsel to a major Italy-based energy company that won a US$395 million ICC award in 2013. That award came on the heels of another ICC arbitration victory for the same client, but against a different counterparty, in the amount of US$580 million in 2012. Stephen was also counsel for the winning party in two different UNCITRAL awards worth well more than US$1 billion – one in 2005 and one in 2008 – for Spain-based energy companies. He has won other international commercial arbitrations worth more than US$100 million.
Stephen is a member of the International Council of Commercial Arbitration (ICCA), the Steering Committee of the Young Arbitrators Forum organized by the USCIB, the US national committee of the ICC International Court of Arbitration, the London Court of International Arbitration (LCIA) and the International Bar Association (IBA). He is also an advisory member of Young ICCA. Stephen has served as an adjunct professor of law at The Ohio State University College of Law and is the author of several award-winning law review articles. He has been selected for inclusion seven times in Ohio Super Lawyers – Rising Stars
, a distinction that recognizes the top 2.5% of Ohio lawyers under the age of 40 or those in practice for 10 years or less.
Stephen began his career with Squire Sanders while in law school as a summer associate in 2000 and 2001. He thereafter accepted a two-year clerkship with the Chief Justice of the Supreme Court of Ohio, the late Thomas J. Moyer, who was the longest sitting chief justice in the US. After completing the clerkship, Stephen returned to Squire Sanders and has been there ever since.
PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Co-author of “ICDR Developments: ICDR Tertulia Sessions Gaining Popularity” in Dispute Resolution Journal, Volume 69, No. 1, 2014.
- Co-author of “Entre la imparcialidad y la convicción: Issue conflict en el arbitraje internacional” in Latin American Arbitration Yearbook, Spring 2014.
- Author of chapter “Enforcing International Transactions: Why Your Company Should Include Arbitration Clauses In Its International Contracts What They Should Say” in International Law for CEOs: Lessons from Leading International Lawyers, March 2013.
- Lecturer at Lawline course, “Internatoinal Commercial Arbitration: Judicial Control over International Arbitral Awards,” in New York, New York, 18 June 2014
- Lecturer at Lawline course, “International Commercial Arbitration: Who Decides Threshold Issues—The Court or the Arbitrators?,” in New York, New York, 18 June 2014
- Co-Instructor at the International Law Institute, “Investor-State Arbitration,” in Washington DC, 4 June 2014
- Lecturer at Lawline course, “International Commercial Arbitration: Focal Points in the Arbitral Process,” in New York, New York, 29 April 2014
- Panelist at the AIPN 2014 Spring Conference,“Managing Project Development Risks for Oil and Gas Companies,” in New York, New York, 28 April 2014
- Speaker at Ontario Bar Association Institute 2014, “Internationalizing Commercial Contracts: Dispute Resolution Basics,” in Toronto, Canada, 6 February 2014.
- Speaker at the Young ICSID, ICC YAF, and ICDR conference, “Americanization of International Arbitration: Myth or Reality,” in Paris, France, 5 December 2013.
- Introductory speaker at the ICC YAF conference, “Precedents: Benefits, Dangers and Myths,” in Miami, Florida, 2 November 2013.
- Moderator of panel at the 3rd Prague Investment Treaty Arbitration Conference, “Recent Events in the Renewable Energy Arbitration Arena,” in Prague, Czech Republic, at the invitation of the Czech Ministry of Finance, 31 October 2013.
- Panelist at the ICC Canada 2013 Conference, “The Ethics of Preparing Witnesses In International Arbitration: Is There An Uneven Playing Field?,” in Toronto, Canada, 24 October 2013.
- Lead speaker at Young ICCA workshop, “Factual & Expert Witnesses,” in Portorož, Slovenia, 17 September 2013.
- Reporter at ICDR Miami Conference Tertulia Session, “Disclosures, Deliberations and Dissents,” in Miami, Florida, 11 September 2013.
- Lecturer at Lawline course, “International Arbitration: What Companies Should Know About Cross Border Contracts & Investing Abroad,” in New York, New York, 12 June 2013.
- Speaker at the Latin American Congress on Arbitration, “Transparency in International Arbitration,” in Lima, Perú, 25 April 2013.
- Panelist at the Juris Conferences' Seventh Annual Investment Treaty Arbitration conference, “Damages in Energy Disputes,” in Washington DC, 22 April 2013.
- Panelist on webinar sponsored by the Global Outsourcing Association of Lawyers, “Litigation and Arbitration: How to Manage, Resolve and Avoid Risk?,” 16 April 2013.
- Speaker on investment-treaty arbitration at the University of Michigan Law School in Ann Arbor, Michigan, 4 April 2013.
- Speaker to the Greater Cleveland International Lawyers Group, “International Arbitration: Commercial and Investment Treaty Arbitration,” in Cleveland, Ohio, 22 January 2013.
- Speaker to the Canadian Bar Association, National Environment, Energy and Resources Law Section, “Natural Gas Disputes: Price Review Arbitration and Investment Treaty Arbitration,” in Toronto, Canada, 5 December 2012.
- Panelist on an ICSID investment-treaty arbitration panel at the World Bank, “Approaches to Arbitration: Across the Ages,” in Washington DC, 1 November 2012.
- Introductory speaker and panel chair at the 2nd Prague Investment Treaty Arbitration Conference, “A Case Study of a Recent Award,” in Prague, Czech Republic, at the invitation of the Czech Ministry of Finance, 25 October 2012.
- Speaker at the ICC Young Arbitrators Forum, “Enforcing International Arbitral Awards,” in Chicago, Illinois, 17 July 2012.
- Speaker to the International Law Section of the State Bar of Michigan, “International Arbitration: Commercial and Investment Treaty Arbitration,” in Detroit, Michigan, 16 November 2011.
- Introductory speaker at 1st Prague Investment Treaty Arbitration Conference, “Are BITs Serving Their Purpose?,” in Prague, Czech Republic, at the invitation of the Czech Ministry of Finance, 20 October 2011.
- Speaker at Ecuador Investment Treaty Conference, “State Responsibility under Investment Protection Treaties: Nature and Scope,” in Guayaquil, Ecuador, at the invitation of the Ecuadorian Attorney General, 21 October 2010.
- "I have benchmarked Stephen against all the other many very good lawyers I worked with over the years on several arbitration proceedings and have no doubt that Stephen is the number one."
- "For the very beginning of his cooperation with our company we noticed his great skills in distilling complex and usually extremely technical matters in a way that makes our case easy to grasp and appealing for arbitrators ears, not necessarily knowledgeable of our industry."
- "He is a rare combination of great personality, strong character, leadership, care, confidence, integrity, clarity, engagement, brightness, excellent persuasion ability and focus."
- "Stephen is a great lawyer with extremely good commercial acumen and understanding of clients’ needs."
- “His drafting of the different memorials was stunning and extremely effective. His cross examination and managing of the hearings were superlative. Nothing was left behind; every single aspect of the case was taken into consideration and deeply analysed.”
The Ohio State University, J.D., with honors, managing editor, Ohio State Law Journal, 2002Bowling Green State University, B.A., summa cum laude, 1999
District of Columbia,
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