Arthur W. Rovine

Fordham Law School
215 East 68th Street
New York, New York 10065

212-717-1081



Areas Of Practice

Conflict
Contract
Corporate
Insurance
Intellectual Property
International
Investment
Jurisdictional Disputes
Trademark

 
 


Mr. Rovine has been serving as an arbitrator in international cases under ICSID, NAFTA, PCA and AAA/ICDR since his retirement from the law firm of Baker & McKenzie as of July 1, 2005. He is also the Director of the annual Conference on International Arbitration and Mediation at Fordham Law School and is an Adjunct Professor of Law at Fordham Law School. He is the Editor of the annual volume Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, published by Martinus Nijhoff.

Mr. Rovine was President of the American Society of International Law (2000-2002) and the Chairman of the International Law Section of the American Bar Association (1985-1986). He was also a member of the Board of Editors of the American Journal of International Law (1977-1987), and has been a member of the Council on Foreign Relations since 1987. He was Chairman of the International Law Committee of the Association of the Bar of the City of New York (ABCNY) (2009-2011), and is a member of the ABCNY International Commercial Disputes Committee. He is a member of the Arbitration Committee of the Center for Public Resources, and a Fellow of the American Bar Foundation. He also represented the ABCNY in the recently-completed revision of the UNCITRAL Arbitration Rules.

After joining Baker & McKenzie in 1983, Mr. Rovine represented many major clients in international arbitrations, including a large number of investor/state cases at the Iran-U.S. Claims Tribunal in the Hague and the UN Compensation Commission in Geneva. He also handled cases in international commercial arbitration before the International Chamber of Commerce in Paris, the American Arbitration Association in New York, the Stockholm Institute, ad hoc arbitrations, and related international litigation in U.S. Federal Courts.Mr. Rovine handled as an advocate many claims for and against governments, including investment disputes with Iran and Iraq, and representation of the Government of Egypt in a major case against Iraq at the UN Compensation Commission.

Mr. Rovine’s arbitration and litigation private sector clients included Rockwell International, General Dynamics, Fluor Corporation, Deloitte Touche Tohmatsu International, Touche Ross International, Combustion Engineering, John Brown Engineering, Nuclear Electric Insurance, Singer, and many others.

Prior to joining Baker & McKenzie in 1983, Mr. Rovine served in the Office of the Legal Adviser in the U.S. Department of State from 1972 to 1983. He established the Digest of United States Practice in International Law (1972-1974), and was then named Assistant Legal Adviser for Treaty Affairs (1975-1981). In that capacity he was responsible for the international law, constitutional law, and U.S. foreign relations law issues involved in many treaties, agreements, and legislation, including the Algiers Accords with Iran, the termination of the Mutual Defense Treaty with Taiwan, the Taiwan Relations Act, the Panama Canal Treaties, the Egypt-Israel Peace Treaty, several human rights treaties, succession of states with respect to treaties, and the President’s treaty powers.

Mr. Rovine was then appointed the first United States Agent to the Iran-U.S. Claims Tribunal in the Hague from 1981 to 1983. In that capacity, and working with the Iranian Agent, European arbitrators and the Dutch Government, he helped establish the Tribunal, adapt the UNCITRAL Rules for the Tribunal, and helped develop all Tribunal administrative procedures, privileges and immunities, payment mechanisms, etc. Mr. Rovine then argued cases at the Tribunal on behalf of the U.S. Government against the Government of Iran.

Prior to his government service, Mr. Rovine served as Counsel at the International Court of Justice in the South-West Africa Cases against South Africa (representing Ethiopia and Liberia) and in the Namibia Advisory Opinion (representing the International League for the Rights of Man as amicus curiae). Both of these cases involved apartheid issues and practices in South Africa.

Education and Bar Admittance

Mr. Rovine is a member of the Bars of New York and the District of Columbia. He received his LL.B. from Harvard University in 1961 and Ph.D. from Columbia University in 1966.

Professional Affiliations

  • American Society of International Law?President 2000 – 2002; Executive Council 1997-present;?Board of Editors American Journal of International Law 1977-1987.
  • American Bar Association ?Chairman International Law Section 1985-1986; ?Section’s Delegate to the ABA House of Delegates 1986-1987.
  • Council on Foreign Relations 1987-Present
  • Association of the Bar of the City of New York (Chairman, International Law Committee, 2009-2011)
  • Center for Public Resources (Panel on the Settlement of Transnational Business Disputes)
  • S. Council for International Business (Arbitration Committee).
  • LCIA member
  • ICC list of arbitrators
  • American Arbitration Association/ICDR list of arbitrators
  • ICSID arbitrator
  • NAFTA arbitrator
  • American Bar Foundation

Main Cases Iran-United States Claims Tribunal (The Hague)

  • Case A/1 (interest on Security Account; payment of settlements; bank fees; holding bank harmless) (1982)
  • Case A/2 (Tribunal jurisdiction over direct claims against U.S. companies) (1981-1982)
  • Choice of forum clause cases (Tribunal jurisdiction) (1982)
  • E Systems (Litigation in Iran; Tribunal jurisdiction and powers) (1983)
  • Weatherford v. Iran (1984-1987)
  • Borg Warner v. Iran (1984-1985)
  • Combustion Engineering v. Iran (1985-1990)
  • Fluor Corp. v. Iran (1986-1989)
  • Rockwell International v. Iran (1986-1987)
  • Watkins Johnson v. Iran (1986-1988)
  • Case A/23 (validity under Algiers Accords of Fluor attachment of NIOC assets in Germany) (1987-1989)
  • Highlands Insurance Corp. v. Bimeh Melli (1989-1990)
  • Petrolane v. Iran (1990)
  • Collins v. Iran (1990)
  • Gulf Associates v. Iran (1984-1999)
  • Sabet v. Iran (1991-2000)

United Nations Compensation Commission (Geneva)

  • Egypt v Iraq (1993-1997)
  • John Brown E&C v. Iraq (1994-2000)
  • Bank of New York v. Iraq (1996-2000)
  • NCR v. Iraq (1997- 2001)
  • Tetra-Pak v. Iraq (1997-2001)
  • Borg International v. Iraq (1997- 2001)
  • Biwater v. Iraq (1997-2001)
  • Cegelec v. Iraq (1997-2001)
  • Shanning Int’l v. Iraq (1998-2002)
  • Broddway v. Iraq (1998-2002)

International Chamber of Commerce (ICC) (Paris)

  • Kudremukh Iron Ore Company Ltd. v. Iran (1988-1989)
  • PhonIran v. General Dynamics (1988- 1989)
  • International Brokerage & Finance v. Seamar (1990-1992)
  • Kalantari et al. v. Fritz Werner Industrie (1990-1994)
  • Recordati & Pharmetrix v. Elan (1992-1994)
  • Haidar v. John Brown (1993-1995)
  • Morning Star International v. Gabon (1995-1997)
  • Esco Corporation v. Svedala Faço Ltda (1996-1998)
  • Eurotrain v. Taiwan High Speed Rail Corporation (2001 – 2004)

Arbitration Institute of the Stockholm Chamber of Commerce

  • Compagnie NOGA d’Importation et d’Exportation S.A. v. The Russian Federation (1993-1994)
  • Deloitte Touche Tohmatsu International v. L. Joannides & Co. (1997-1998)

Ad Hoc Arbitrations

  • Niagara Mohawk v. Nuclear Electric Insurance Limited (1986 1987)
  • Northeast Utilities v. Nuclear Electric Insurance Limited (1988)
  • Touche Ross International v. Treuverkehr AG (1990 1991)
  • Alba Petroleum Corp. v. the United Nations (1996-1997). Party–appointed arbitrator, by the United Nations, in a case involving the sale of oil for the UN peace-keeping operation in Somalia (Gerald Aksen, Chairman).

American Arbitration Association

  • Rosseel Corp. v. Oriental Commercial Shipping (1989 1990)
  • AOT Ltd. v. J. Aron & Co. (1991)
  • Fabricated Plastics, Inc. v. Plastiflex Company, Inc. (1997-1998)

NAFTA

  • Archer Daniels Midland/Tate & Lyle v. United Mexican States (2005), etc. Party-appointed arbitrator, by the U.S. corporations, on the first consolidation panel established under NAFTA, Article 1126 (Bernardo Cremades Chairman).
  • Archer Daniels Midland/Tate & Lyle v. United Mexican States (2006 – 2008). Party-nominated arbitrator by ADM/T&L. Bernardo Cremades, Chairman. Wrote a Concurring Opinion on the issues of independent investor rights, diplomatic protection, and countermeasures.

ICSID

  • Accession Mezzanine Capital L.P. and Danubius v. Hungary. Arthur Rovine, Chairman (2012 – )
  • Permanent Court of Arbitration: Nadel v.The Kyrgyz Republic (2012- )
  • EDF Services, Ltd. v. Romania (2006 – 2009). Party-nominated arbitrator by EDF Services, Ltd. Piero Bernardino, Chairman. Wrote a Dissenting Opinion on Costs.

ICDR

Cases sitting as arbitrator on bonds, banking, and satellite communications.

International Court of Justice (The Hague)

South West Africa Cases (1963-1965)

Namibia Case (1970 1971)

US Federal Courts

  • Goldwater v. Carter (1979 – briefs for D.C. Dist. Ct., Ct. of Appeals, Supreme Court)- Dames & Moore v. Regan (1980-1981 briefs for Supreme Court)
  • Tampa Chamber of Commerce v. Adams (D.C. Dist. Ct. 1978)
  • Boselli v. Boselli Industrie Tessili (S.D.N.Y. 1984)
  • Exchange National Bank of Chicago v. Empresa Minera de la Centro del Peru, S.A. (S.D.N.Y. 1984)
  • Gerling Global Reinsurance v. Commissioner of Insurance of Montana (S.D.N.Y. 1985)
  • Rosseel Corp. v. Oriental Commercial Shipping (S.D.N.Y. l985 1988)
  • NL Chem Canada v. John Brown Engineers & Constructors, Inc. (S.D.N.Y. 1987-1989)
  • Lucky Goldstar v. Phibro Asia & Phibro Energy, Inc. (S.D.N.Y. 1988)
  • American Graphic Equipment Corp. v. Redaelli Tecna Offset, S.P.A. (E.D.N.Y. 1989-1990)
  • International Brokerage & Finance v. California Steel, et al. (C.D.C. 1990-1992)
  • Bseirani v. Abou-Khadra, et. al (2nd Circuit Ct. of Appeals 1991-1993)
  • Deloitte Noraudit Oslo A/S v. Deloitte Haskins & Sells, US, Deloitte & Touche, et al. (S.D.N.Y. 1991 1994)
  • Gabay v. Mostazafan Foundation, et al. (S.D.N.Y. 1992-1997)
  • Singer v. Ryobi (D.C.S.C. 1996-1997)
  • Mitsui v. the Republic of Iraq (S.D.N.Y. 1996)

Selected Publications on International Arbitration

  • 2012 “Section 1782 and International Arbitral Tribunals: Some Key Considerations in Key Cases,” The American Review of International Arbitration, 23, pp. 461 – 474, 2012.
  • 2011 “Introduction: The 2010 Revision of the UNCITRAL Arbitration Rules,” Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2010, Martinus Nijhoff Publishers, June 2011, pp. ix-xix.
  • 2010 “Polite Cross-Examination: A Symbolic Step Toward Further Uniformity in International Arbitration,” in L. Newman and B. Sheppard, Jr., eds., Take the Witness:  Cross-Examination in International Arbitration (Huntington, New York, Juris Publishing, Inc.), Chapter 6, pp. 77-91.
  • 2010 “Introduction: Convergence in International Arbitration,” Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2009, Martinus Nijhoff Publishers, June 2010, pp. ix – xxii.
  • 2010 “A Tribute to Aron Broches,” Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2009, Martinus Nijhoff Publishers, June 2010, pp. xxiii – xxiv.
  • 2010 “Cost Concerns in the Drafting of Arbitral Awards – An Issue of Ethics,” Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2009, Martinus Nijhoff Publishers, June 2010, pp. 133 – 145.
  • 2009 Editor, Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, 2008, Martinus Nijhoff Publishers, June 2009.
  • 2008 “The International Arbitrator’s Duty to Investigate Conflicts: the United States Approach,” with C.K. Chinn, Transnational Dispute Management, Vol. 5, Issue 4, July 2008, Sophie Nappert, ed.
  • 2008 Editor of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2007 Martinus Nijhoff Publishers, June 2008, 336 pages.
  • 2006 Book review of The Leading Arbitrators’ Guide to International Arbitration, Newman and R. Hill, eds. (Juris Publishing, New York, 2004), Stockholm International Arbitration Review, Vol. 2006:1, pp. 275-286.
  • 2006 “The United Nations Compensation Commission,” International Law News, American Bar Association, Section of International Law, Spring 2006, Vol. 35, No. 2, pp. 10-12.
  • 2005 “Introduction to Session on Issues in Integrated Dispute Resolution Systems,” New Horizons in International Commercial Arbiration and Beyond, ICCA International Arbitration Congress, A.J. van den Berg, Ed. (Kluwer Law International, 2005), pp. 439-45.
  • 2004 “The Dispute Arises – What Next?” chapter in International Arbitration Checklists (Huntington, New York, Juris Publishing, Inc., 2004), pp. 1–8.
  • 2002 “International Law in United States Courts,” Proceedings of the American Branch of the International Law Association, 2001-2002, pp. 26-42.
  • 1997 Gulf War Reporter, ed. (with Grant Hanessian), an on-going two-volume publication devoted to the UNCC claims process and cases resulting from Iraq’s invasion of Kuwait in 1991 (Washington, D.C., International Law Institute, 1997)
  • 1997 “The Scope of Discovery in International Arbitral Proceedings,” 5 Tulane J. of Int’l & Comp. Law 401-06.
  • 1996 “Enforcing Contract Claims Against Iraq in U.S. Courts: The Statute of Limitations” (with Grant Hanessian), Middle East Executive Reports, Vol. 19, No. 5, May 1996, pp. 9-12.
  • 1996 “Iraqi Oil Flows Again: Doing Business with Iraq under Resolution 986, Prospects for Payment of Claims against Iraq” (with Grant Hanessian), Middle East Executive Reports, Vol. 19, No. 12, December 1996, pp. 1-4.
  • 1995 “Toward a Foreseeability Approach to Causation Questions at the United Nations Compensation Commission” (with Grant Hanessian), A Chapter in The United Nations Compensation Commission, Thirteenth Sokol Colloquium, R. Lillich, ed. (Irvington, New York: Transnational Publishers, Inc. 1995), pp. 235-55.
  • 1995 “Making Iraq Pay for Gulf War Losses” (with Grant Hanessian), the New York Law Journal, May 15, 1995, pp. S3-5.
  • 1995 “Enforcement in the United States of Foreign Judgments and Foreign Arbitration Awards,” Chapter 9 of the Proceedings of the Forty-First Annual Rocky Mountain Mineral Law Institute (Denver, Rocky Mountain Mineral Law Foundation, 1995), pp. 9-1–9-32.
  • 1994 ‘Fast-Track’ Arbitration: A Step Away From Judicialization Of International Arbitration,” A Chapter in International Arbitration in The 21st Century: Towards “Judicialization” and Uniformity?, Twelfth Sokol Colloquium, R. Lillich and C. Brower, eds. (Irvington, New York: Transnational Publishers, Inc. 1994), pp. 45-57.
  • 1993 “Arbitration of International Disputes” (with Lawrence W. Newman), Chapter 19 of The Alternative Dispute Resolution Practice Guide, B. Roth, R. Wulff and C. Cooper, Eds. (Lawyers Cooperative Publishing, 1993), pp. 1-29.
  • 1993 “The Role of the United States Agent to the Iran-U.S. Claims Tribunal, 1981-1983,” chapter in Essays in Honor of Hans Smit, The American Review of International Arbitration, Vol 3, Nos. 1-4 (1992), pp. 223-31.
  • 1992 “Fast Track Arbitration An ICC Breakthrough,” International Arbitration Report, April, 1992, pp. 3-5; reprinted in Arbitration, The Journal of the Chartered Institute of Arbitrators, Vol. 61, No. 4 (1995), pp. 286-88.
  • 1990 “An Iraq Claims Process: Where and How?” The American Review of International Arbitration, Vol. 1, No. 3 (1990), pp. 411-18.
  • 1990 “An Iraq Claims Process: Where and How?” Part II, The American Review of International Arbitration, Vol. 2, No. 1 (1991), pp. 102-09.
  • 1986 “U.S. Public Policy on Recognition and Enforcement of Foreign Arbitral Awards,” International Arbitration Report, January, 1986, pp. 41-43.
  • 1984 “Recent Valuation Decisions of the Iran U.S. Claims Tribunal,” Mealey’s
  • Litigation Reports – Iranian Claims, February 3, 1984, pp. 18-23.
215 East 68th Street
New York, NY 10065

P: 212-717-1081
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Selected Publications on International Arbitration
9/25/2015 1:28:29 PM
Description: Selected Publications on International Arbitration 2012 “Section 1782 and International Arbitral Tribunals: Some Key Considerations in Key Cases,” The American Review of International Arbitration, 23, pp. 461 – 474,