Professors

Stephen Anway

Adjunct Professor of Law

Scholarship:

Bibliography

Education:
  • The Ohio State University Moritz College of Law, JD 2002
Areas of Expertise:
  • International Arbitration

Professor Anway is a partner in the world-ranked International Dispute Resolution Practice Group at Squire Patton Boggs. He is Co-Head of Investment Treaty Arbitration at the firm, which is the department in charge of defending countries against claims brought against them under investment treaties. He also is the General Editor of the Global Arbitration Review‚ UCIA ‚Universal Citation in International Arbitration.”

Professor Anway has represented the winning party in many of the largest international arbitrations in the world over the past 15 years. 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 Professor Anway represented the winning party in three of them. He also has been lead or co-lead counsel for the successful party in several landmark investment treaty arbitrations.

Professor Anway has worked in more than 30 countries and has represented clients, including 10 different sovereign nations and numerous foreign investors‚ in some 75 international arbitration proceedings. Those cases include arbitrations brought under more than 10 different investment treaties, free-trade agreements and the Energy Charter Treaty.

On October 31, 2016, the Slovak Republic appointed Professor Anway to the Panel of Conciliators of the International Centre for Settlement of Investment Disputes (ICSID), an autonomous international institution affiliated with the World Bank ‚ which is the world’s principal forum for resolving disputes between foreign investors and sovereign nations. He will serve for a term of six years.

In December 2017, Law360 named Professor Anway as one of the top three MVPs in international arbitration in the world. In August 2017, Who’s Who Legal named Professor Anway to its list of Arbitration Future Leaders. He received the same honor in 2018. In March 2016, Law360 ranked Professor Anway as one of the top 10 international arbitration lawyers under the age of 40. In February 2016, the National Law Journal named him one of the top 50 Alternative Dispute Resolution (ADR) lawyers. In June 2015, The American Lawyer awarded Professor Anway the Arbitration Award at its inaugural Transatlantic Legal Awards dinner in London. In both 2014 and 2015, the International Law Office awarded him the Client Choice Award for the Arbitration category in New York. In 2014, Crain‚Äôs Business named him to its Forty under 40.

Professor Anway’s investment-treaty experience includes obtaining final awards in seven major arbitrations (ranging in value from approximately US$100 million to more than US$1 billion) in which he was lead or co-lead counsel representing sovereign nations:

– ACP Axos Capital GmbH v. Republic of Kosovo, ICSID Case No. ARB/15/22, Award, 3 May 2018 ‚Äì the international tribunal, after a full hearing on jurisdiction, merits, and damages, dismissed claimant‚ 380 million claim in its entirety and awarded Kosovo all of its costs and legal fees.

– EuroGas Inc. et al. v. Slovak Republic, ICSID Case No. ARB/14/14, Award, 18 August 2017, the international tribunal, after a full hearing on jurisdiction and the merits, dismissed all of claimants‚ claims, publicly reported to be worth US$1.65 billion.

– Occidental Petroleum Corporation and Occidental Exploration and Production Company v. The Republic of Ecuador, ICSID Case No. ARB/06/11, Decision on Annulment, 2 November 2015 ‚ the annulment committee ordered the then-largest ever reduction of an ICSID award in history, over US$ 700 million ‚ in favor of Ecuador.

– Achmea B.V. v. Slovak Republic, PCA Case No. 2013-12, Final Award, 20 May 2014, the international tribunal, after a hearing on jurisdiction, rejected all of the foreign investor‚Äôs claims and ordered the investor to pay the Slovak Republic‚ costs and legal fees.

– ECE Projektmanagement International GmbH et al. v. Czech Republic, UNCITRAL, Award, 19 September 2013 ‚ the international tribunal, after a full hearing on jurisdiction, liability and damages, rejected all of the foreign investor‚ claims on the merits and awarded the Czech Republic most of its costs and legal fees.

– InterTrade Holding BmgH v. Czech Republic, UNCITRAL, Award, May 29, 2012, the international tribunal, after a hearing on jurisdiction, liability and damages, denied all of the foreign investor‚ 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, April 15, 2009, the international tribunal, after a full hearing on jurisdiction, declined jurisdiction over all of the foreign investor’s 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.

Professor Anway is currently advising numerous other sovereign nations and multinational corporations on investment-treaty matters.

Professor Anway’s commercial international arbitration experience includes 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. Professor Anway 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.

Professor Anway began his career with Squire Patton Boggs 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, Professor Anway returned to Squire Patton Boggs and has been there ever since.