Arif Hyder Ali is Co-Chair of the firm's International Dispute Resolution Practice. He is also an Adjunct Professor of Law at Georgetown University, where he teaches international arbitration, and an Honorary Lecturer at the University of Dundee's Centre for Energy, Mining and Petroleum Law and Policy.

His international arbitration experience spans continents and cultures, the common and civil law legal systems, national political establishments and inter-governmental organizations, private companies and state-owned enterprises, sovereign governments and private individuals. He has represented parties from more than 30 countries on five continents in international commercial and investment arbitrations involving foreign investment, privatization, thermal, nuclear and hydro power plants, oil and gas pipeline construction and concession-related matters, mining concessions, tourism projects, project finance and development agreements, patents and trademarks, and information technology. He has also represented parties before inter-governmental tribunals, including the United States-Iran Claims Tribunal and the United Nations Compensation Commission. As a result of his role in the representation of the State of Bahrain in its territorial and maritime border dispute with the State of Qatar before the International Court of Justice, in 2001, he was decorated by the King of Bahrain with the Order of Bahrain (II).

Arif is ranked and recognized as a leading international arbitration, business and public international lawyer, based on extensive peer and client nominations and interviews, by: Who's Who in American Law, Who's Who in Public International Law, Chambers and Partners USA, The Legal Media Group's Guide to the World's Experts in Commercial Arbitration, Lawdragon, The International Who's Who of Business Lawyers, Washington Super Lawyers and The International Who's Who of Commercial Arbitration Lawyers. He is a member of the arbitral panels of several arbitral institutions, and of the editorial boards of publications such as the Arbitration and Mediation Review, and Dispute Resolution International. He is also an Advisory Board Member of the Foreign Direct Investment International Moot Court Competition.

Prior to joining Crowell & Moring, Arif was Senior Counsel at the World Intellectual Property Organization's (WIPO) Arbitration and Mediation Center and a Section Chief at the UN Compensation Commission, both in Geneva, Switzerland. He also practiced international arbitration and public international law with Freshfields, Bruckhaus, Derringer ( Paris office) and Fulbright & Jaworski (Houston and Washington, D.C. offices).

His country experience includes Argentina, Bahrain, Bangladesh, Brazil, Brunei, Costa Rica, Ecuador, Egypt, El Salvador, France, Guatemala, Guinea, India, Italy, Japan, Kuwait, Libya, Malaysia, the Netherlands, Nigeria, Norway, Oman, Pakistan, Peru, the Philippines, Saudi Arabia, Singapore, South Korea, Spain, Sweden, Switzerland, Turkey, the United Arab Emirates, the United Kingdom and the USA.

While attending Columbia University, Arif was elected to the Phi Beta Kappa Honors Society. He received his Bachelor of Arts Degree (Summa cum Laude) in December 1986. At New York University School of Law, he was awarded the Vanderbilt Medal and was a research assistant to Professor Andreas F. Lowenfeld, a member of the Annual Review of American Law, and president of the International Law Students Association. He received his Juris Doctor Degree in 1990.

Arif is licensed to practice law by the Court of Appeals of the District of Columbia.

His working languages are English, Spanish and French. He is also conversant in Urdu, Hindi, Bengali and Portuguese.

Representative Experience

Investor-State/Treaty-Based Arbitration

Energy

• Representing a Cypriot company in ICSID arbitration proceedings against the Government of Turkey under the Energy Charter Treaty and relating to the expropriation by Turkey of energy sector investments (Libananco Holdings Co. Ltd. v. The Republic of Turkey, ICSID Case No. ARB/06/8).
• Representing a Houston-based energy services company in ICSID arbitration proceedings against the Government of Peru (Duke Energy International Peru Investments No. 1 Ltd v. The Republic of Peru, ICSID Case No. ARB/03/28). The dispute concerns the alleged breach by the government of a legal stabilization investment agreement, the expropriation of the investment by the government as a result of the improper assessment of various taxes, as well as the government's unfair and discriminatory treatment of the investment in violation of international law. This is the first international arbitration to test Peru's system of legal stability agreements and its investment laws.
• Representing a Houston-based energy services company in ICSID arbitration proceedings against the Government of Ecuador (Duke Energy Electroquil Partners and Electroquil S.A. v. The Republic of Ecuador, ICSID Case No. ARB/04/19) under U.S.-Ecuador bilateral investment treaty in connection with the company's investments in the domestic energy sector.
• Advising a multinational oil company in connection with the protection of its investments in Venezuela and potential arbitration proceedings under applicable bilateral investment treaties. The representation involved advising the company in connection with the restructuring of its investments.
• Advising a Russian multinational oil company regarding potential arbitration proceedings against the Russian Government under the Russian Foreign Investment Law, various bilateral investment treaties and the Energy Charter Treaty.
• Advising a Houston-based energy services company with respect to potential arbitration proceedings against Argentina under the US-Argentina Bilateral Investment Treaty.
• Advising a Houston-based energy services company in connection with bringing ICSID arbitration proceedings against a Central American state based on that state's foreign investment law.

Mining

• Representing a precious metals mining company in connection with potential CAFTA-DR arbitration proceedings against a Central American government arising out of the government's improper refusal to issue various environmental licenses and an exploitation concession. The representation has involved significant political lobbying activities of various governments, as well of several multilateral financial institutions in an effort to resolve the dispute amicably.
• Representing one of the world's largest precious metals mining companies in connection with potential ICSID arbitration proceedings against a Sub-Saharan African Government. The representation has involved significant political lobbying activities of various governments, as well of several multilateral financial institutions in an effort to resolve the dispute amicably.

Hotel and Tourism

• Representing an American investor in connection with potential ICSID arbitration proceedings under the applicable bilateral investment treaty against a North African government relating to the expropriation of an investment in the host state's hotel and tourism sector.
• Representing Italian and Lebanese investors regarding potential ICSID arbitration proceedings against a North African government relating to the expropriation of an investment in the host state's hotel and tourism sector.
• Representing a group of U.S. investors in potential ICSID arbitration proceedings under the U.S.-Ecuador Bilateral Investment Treaty in connection with claims for expropriation of investments in real property and the Government's alleged failure to provide full protection and security to the investment.

Agriculture, Alcohol and Tobacco

• Representing GL Farms Inc. and Carl Adams, both United States investors, in UNCITRAL arbitration proceedings against the Government of Canada. Claimants allege that measures implemented by the Governments of Ontario and Canada have breached various articles of the North American Free Trade Agreement (NAFTA).
• Representing Grand River Enterprises Six Nations, Ltd., a Canadian corporation involved in the manufacture and sale of tobacco products, along with certain individual claimants, in UNCITRAL arbitration proceedings against the United States of America. Claimants allege that a 1998 settlement agreement between various U.S. state attorney generals and major tobacco companies and certain state legislation that partially implements the settlement breached the obligations of the United States under NAFTA.
• Representing a European alcoholic beverages manufacturer in connection with potential arbitration proceedings under the applicable bilateral investment treaty regarding claims arising out of the state's failure to enforce its privatization laws.
• Advising a group of American cotton industry investors in connection with potential ICSID arbitration proceedings against a North African government and various state-owned instrumentalities. The representation also involved litigation in United States federal court under the U.S. Foreign Sovereign Immunities Act (FSIA).

International Commercial Arbitration

Energy

• Representing a Brazilian joint venture company in a Paris-based ICC arbitration against a state-owned utility arising out of a long-term power purchase agreement and also involving issues related to the construction of the power plant. The governing law was Brazilian. The dispute involved claims and counterclaims in excess of US$ 1.8 billion, and was one of the first major international arbitrations involving a Brazilian mixed-capital company.
• Representing a Bolivian company in ICC arbitration proceedings relating to the construction of a gas pipeline. The seat of the arbitration was Montevideo, Uruguay. The language of the arbitration was Spanish and the governing law Bolivian.
• Representing a Houston-based energy services company in a multi-million dollar ICC arbitration, under Texas law, concerning the construction of a gas-fired power plant in Brazil. The seat of the arbitration was Houston, Texas, USA.
• Representing a South East Asian sovereign government in several ICC arbitration proceedings and parallel US federal court litigation related to the construction of a nuclear power plant.
• Representing a Houston-based oil and gas company in a dispute with a state-owned oil company relating to the state party's demand for the renegotiation of the parties' long-term production sharing agreement.
• Representing a Houston-based energy services company in a Miami-based arbitration under the UNCITRAL Arbitration Rules. The language of the arbitration was Spanish. The governing law was the law of Guatemala. The parties' dispute arose out of a long-term power purchase agreement and, in particular, concerned the interpretation of the PPA's payment clause and Guatemalan electricity sector regulations.
• Representing a Taiwanese power company in several UNCITRAL arbitrations against an American company arising out of a series of coal supply contracts.
• Representing a Houston-based energy services company in connection with a dispute relating to oil platform services in the Arabian Gulf, and relating to an exclusive agency agreement under the laws of the United Arab Emirates. The dispute was settled.
• Representing a provider of Internet-based energy metering services in a multi-million dollar arbitration under the AAA Complex Arbitration Rules arising out of a Master Product Alliance Agreement, eventually resolved through mediation.

Other Commercial

• Representing a Bangladeshi company in London-based ICC arbitration proceedings, under English law, against an American company in connection with breach of contract and other claims arising out of a joint venture agreement relating to a port construction project in Bangladesh.
• Representing an Indian company in a Seoul-based ICC arbitration against a Korean company arising out of the breach of an exclusive distributorship agreement in India. The substantive law of the arbitration was the law of India.
• Representing an Italian company in a Paris-based ICC arbitration against an Indian company arising out of a distributorship agreement.
• Representing a Swedish company in an ICC arbitration against a French company arising out of an equipment supply contract.
• Secretary to the Arbitral Tribunal in a Paris-based ICC arbitration between a Hungarian company and a Middle Eastern government relating to a multi-million dollar contract for the removal of ordnance and munitions.

Intellectual Property/Information Technology [IP/IT Specific Bio - PDF]

• Representing the ICM Registry in an "independent review process" against the Internet Corporation for Assigned Names and Numbers (ICANN), arising out of ICANN's improper refusal to award the <.xxx> sTLD to ICM Registry.
• Representing a Swedish company against an American company in a Paris-based ICC arbitration relating to a series of patents.
• Representing a Houston-based medical services provider in a Houston-based arbitration against a Canadian company under the AAA/ICDR International Rules.
• Arbitrator and counsel in numerous domain name/cyber-squatting disputes.
• Designed dispute resolution schemes for the ICANN's Uniform Domain Name Dispute Resolution Policy; the dispute resolution policies for the .biz, .info, .name, and .aero global top-level domains; and the dispute resolution protocols for the Application Service Provider Industry Consortium.

Select Peer and Client Reviews

"Arif Ali is much commended by peers for his 'extensive knowledge' of complex arbitration issues, while clients greatly appreciate the 'clarity of his explanations throughout a process that can often be complicated.'" Chambers & Partners USA (2008)

"Possessed of 'diamond pedigree,' [Arif] has an 'intuitive sense for advocacy and a seemingly inexhaustible passion for the subject of arbitration.' He also draws particular acclaim for his 'unique case preparation methods, which are the best and most rigorous in the field.'" Chambers and Partners USA - The Client's Guide (2007)

"Arif Ali, working from the DC office, is predicted to be 'on his way to becoming a prominent star in the area.' A producer of 'quality, detailed and thorough work,' clients report that he 'doesn't over-delegate and has his fingerprints all over every case.'" Chambers and Partners USA - The Client's Guide (2006)

"Incredibly positive experience. Arif Ali has the whole package - top shelf legal/analytical skills, high level legal expertise, incredible people skills (works well in a team setting), extreme sensitivity to doing work cost effectively, produces top shelf work, is very effective in conducting cross-examination in an arbitration, and produced great results. He is a pleasure to deal with all around." Lawdragon 500 (www.lawdragon.com)

"Arif Ali is emerging as a leading member of the international arbitration bar. He is highly intelligent and capable, immensely diligent and always attuned to the needs of his client. I would unhesitatingly recommend him for use in connection with any large, complex international commercial arbitration or investment dispute." Lawdragon 500 (www.lawdragon.com)

Education
Columbia University, B.A., 1986 - summa cum laude
New York University School of Law, J.D., 1990

Affiliations
Admitted to practice: District of Columbia, Court of Appeals of the District of Columbia

Publications
"The Effect of BITs on the International Body of Investment Law: The Significance of Fair and Equitable Treatment Provisions," The Future of Investment Arbitration, ed. Catherine A. Rogers & Roger P. Alford (2009). Co-authors: Arif Hyder Ali and Kassi D. Tallent.

"U.S. Judicial Policies in Arbitration," Legal Business Arbitration Report (2008). Co-Authors: Arif Hyder Ali and Kassi D. Tallent.

"Anti-Suit Injunctions in Support of International Arbitration in the United States and the United Kingdom," International Arbitration Law Review (2008). Co-Authors: Arif Hyder Ali, Katherine J. Nesbitt and Jane Wessel.

"ICSID Arbitration in the Americas," The Arbitration Review of the Americas 2008, a Special Report of Global Arbitration Review (November 2007). Co-Authors: Arif Hyder Ali and Alexandre de Gramont.

"Project Management - Milestones on the Road to Commercial Operation," Power Magazine (November 1, 2007). Co-Authors: Arif Hyder Ali and Denis J. King.

"Resolving Disputes in Cross-Border Commercial Transactions," in Inside the Minds: Best Practices for International ADR (Aspatore Books June 2007). Co-Authors: Arif Hyder Ali and Henry G. Burnett.

"The New Argentine Hydrocarbons Law: A Protected Bay for Energy Investors," Latin Lawyer, Volume 6, Issue 5 (June 2007). Co-Authors: Arif Hyder Ali and Tomas Chevallier-Boutell.

"Is Arbitration Unfair to Parties from Developing Countries: A Study Proposal," ABA International Law Section Annual Meeting (May 2007). Author: Arif Hyder Ali.

"From COPEL to CEEE – International Arbitrators and Brazilian Courts Agree on the Capacity of Brazilian Mixed Capital Companies to Arbitrate," News and Notes, Institute for Transnational Arbitration, Volume 21, No.1 (Winter 2007). Co-Authors: Arif Hyder Ali and Baiju S. Vasani.

"Peru's Foreign Investment Framework Put to the Test: A Review of the Jurisdictional Award in Duke Energy International Peru Investments No. 1 Ltd. v. The Republic of Peru," in Homenaje a Fernando de Trazegnies Granada (2007). Co-Authors: Arif Hyder Ali and Baiju S. Vasani.

"A Cross-Comparison of Institutional Mediation Rules," Transnational Dispute Management, Vol. 4, Issue 01 (February 2007). Author: Arif Hyder Ali.

"Best Practices Series No. 7: Best Practices in Drafting International Arbitration Clauses," UNITAR: Training and Building Programmes in Legal Aspects, Financial Management and Negotiations (December 2003). Author: Arif Hyder Ali.

"Risk Management in International Commercial Transactions: Arbitration and Alternative Dispute Resolution," International Quarterly, Vol. 15, No. 2 (April 2003). Author: Arif Hyder Ali.

"A Cross-Comparison of Institutional Mediation Rules," American Arbitration Association Dispute Resolution Journal, Vol. 57, No. 2 (May - July 2002). Author: Arif Hyder Ali.

"Disputas en Materia de Tecnologias de Informacion y Comunicaciones: Arbitraje y Mediacion Como Alternativas a los Litigios Judiciales," Derecho de la Alta Tecnologia, Vol. No. 147 - Buenos Aires, Argentina (November 2001). Author: Arif Hyder Ali.

"Managing Legal Risk in an Uncertain World," Los Angeles Daily Journal (November 27, 2001). Author: Arif Hyder Ali.

"Dispute Avoidance and Resolution Best Practices for the Application Service Provider Industry," World Intellectual Property Organization (July 2001). Author: Arif Hyder Ali.

Speeches & Presentations
"Specialised Arbitration & Advocacy Skills in the International Minerals & Hydrocarbons Extractions Industries," CEPMLP seminar, University of Dundee, London UK (September 7-11, 2009). Speaker and Seminar Director: Arif Hyder Ali.

"DR-CAFTA: Its Impact in the Years to Come," A conference on Arbitration in Latin America: DR-CAFTA, FTAs, BITs and Commercial Arbitration Involving States, presented by the IBA Arbitration Committee, the IBA Latin American Regional Forum and the ICC International Court of Arbitration San Jose, Costa Rica (August 25, 2009). Speaker: Arif Hyder Ali.

"Act III, Scene III — Hearing to Enforce/Challenge Award," a conference on Confronting Ethical Issues in International Arbitration, presented by the Institute for Transnational Arbitration, Dallas, Texas (June 18, 2009). Speakers: Arif Hyder Ali and Pieter Bekker.

"Arbitration and Mediation in the Natural Resources and Energy Sector," presented by the AIA and the Centre of Energy, Petroleum and Mineral Law and Policy, Brussels, Belgium (May 13, 2009). Speaker and Moderator: Arif Hyder Ali.

"International Arbitration: Defending the State and the Investor," The Third Annual Symposium on International Arbitration in Perú (el 3er. Congreso Internacional de Arbitraje de Perú): Toward the Consolidation of Arbitration, Lima, Perú (April 29-30, 2009). Moderator: Arif Hyder Ali.

"Legal Culture and Advocacy in the International Case: What Works Where?," 11th Annual ABA Section of Dispute Resolution Spring Conference, New York, NY (April 15-18, 2009). Speaker: Arif Hyder Ali.

"Investment State Arbitration, Resource Nationalism & Institutional Impartiality: The Challenges For International Dispute Resolution," the IDR Group and the American University in Cairo Joint Conference, Cairo, Egypt (March 2009). Speakers: Arif Hyder Ali and Samaa Haridi.

CEPMLP's Second Annual International Oil & Gas Arbitration/Dispute Resolution Seminar, University of Dundee, Scotland (September 2008). Chair and Seminar Director: Arif Hyder Ali.

"Recent Developments in Oil and Gas Arbitration," PLI Conference, New York, New York (March 2008). Presenter: Arif Hyder Ali.

"Revisiting the Possibility of a Bilateral Investment Treaty Between the United States and Brazil," The ABCI Institute Fourth Annual Symposium on International Trade, Washington, D.C. (February 2008). Presenter: Arif Hyder Ali.

"The Confluence of Transnational Rules on Commercial Arbitration: What Harmonization and Where?," The American Branch of the International Law Association’s International Law Weekend Conference, New York, New York (October 2007). Presenter: Arif Hyder Ali.

"Oil and Gas Arbitration," NYSBA International Law and Practice Section Seasonal Meeting, Lima, Peru (September 2007). Presenter: Arif Hyder Ali.

"Dispute Resolution Issues in Free Trade Agreements," International Arbitration in Brazil Conference, Washington, D.C. (September 2007). Presenter: Arif Hyder Ali.

"Specialized Arbitration & Advocacy Skills in International Oil & Gas Disputes," CEPLMP Professional Training Seminar, St. Andrews, Scotland (August 2007). Presenter: Arif Hyder Ali.

"Dispute Management and Dispute Avoidance in Oil and Gas Transactions," Contract Risk Management in Middle Eastern Oil and Gas Conference, Abu Dhabi, United Arab Emirates (July 2007). Presenter: Arif Hyder Ali.

"Arbitration and Lis Pendens," Third International Arbitration Conference, Rio de Janeiro, Brazil (July 2007). Presenter: Arif Hyder Ali.

"International Investment Treaty Arbitration: Recent Developments and Predictions for the Future," American Bar Association, Section of International Law Annual Meeting (May 2007). Presenter: Arif Hyder Ali.

"Diversity Lawyers in International Arbitration," American Bar Association, Section of International Law Annual Meeting, Washington, D.C. (May 2007). Presenter: Arif Hyder Ali.

"Debating the Necessity of a Necessity Defense for Investment Law," Juris Conferences, Washington, D.C. (May 2007). Presenter: Arif Hyder Ali.

"India, Korea & Beyond - New Opportunities, Old Problems," Crowell & Moring's 2007 Ounce of Prevention Seminar (OOPS) (April 26, 2007). Presenters: Alan W.H. Gourley, Arif Ali, and Carrie F. Fletcher.

"The Future of Bilateral Investment Treaties," conference organized by the Institute of Transnational Arbitration, Washington, D.C. (March 2007). Presenter: Arif Hyder Ali.

"A World Without Borders: Understanding Globalization,” The Global Studies Institute at Culver Academies, New York, New York (February 2007). Presenter: Arif Hyder Ali.

"Interim Measures of Protection – To Whom Should they be Addressed and How can they be Enforced?" International and Comparative Law Quarterly Conference, University of Miami, Miami, Florida (January 2007). Presenter: Arif Hyder Ali.

"An Introduction to Bilateral Investment Treaty Arbitration" International Bar Association Annual Meeting, Mining Law Committee, Chicago, Illinois (September 2006). Presenter: Arif Hyder Ali.

"The Arbitration of Intellectual Property Disputes," International Bar Association Annual Meeting, Chicago, Illinois (September 2006). Presenter: Arif Hyder Ali.

"Evidence in International Arbitration," Brazil-Canadian Chamber of Commerce, Rio de Janeiro (August 2006). Presenter: Arif Hyder Ali.

"International Arbitration – Corporate Attitudes and Practices: Twelve Perceptions Tested,” Washington, D.C. (June 2006). Presenter: Arif Hyder Ali.

"Training Program on Investor-State Dispute Resolution," organized by the Ministry of Foreign Affairs of Indonesia and the United Nations Conference on Trade and Development, Jakarta, Indonesia (May 2006). Presenter: Arif Hyder Ali.

"Global Positioning: Managing Disputes All Over the Map," London, England (March 2006). Presenter: Arif Hyder Ali.

"Critical Role of the Judiciary in International Arbitration," ICDR 4th Annual International Arbitration Conference, Miami, Florida (March 2006). Presenter: Arif Hyder Ali.

"Arbitrating Patent Disputes," HIPLA/University of Houston 20th Annual Institute on Intellectual Property Law, Galveston, Texas (October 2005). Presenter: Arif Hyder Ali.

"Arbitration in Infrastructure Projects," International Conference on Arbitration, Rio de Janeiro, Brazil (June 2005). Presenter: Arif Hyder Ali.

"Cultural Differences and their Impact on Conducting International Arbitrations," ICDR Young & International, Dallas, Texas (June 2005). Presenter: Arif Hyder Ali.

"The Growing Popularity of International Arbitrations Under Bilateral and Multilateral Investment Treaties," American Bar Association, Section of Dispute Resolution, Los Angeles, California (April 2005). Presenter: Arif Hyder Ali.

"Preparing for the International Dispute," 17th Annual International Law Institute, International Law Section of the State Bar of Texas, Houston, Texas (February 2005). Presenter: Arif Hyder Ali

"Resolution of Investor/State Disputes: Part I: Ten Years of NAFTA and Five Years of NAFTA Chapter 11," ABA Section of International Law Fall Meeting, Houston, Texas (October 2004). Presenter: Arif Hyder Ali.

"The Differences between Arbitrating with States and Private Parties, " LCIA Conference, Houston, Texas (October 2004). Presenter: Arif Hyder Ali.

Institute of World Business Law PIDA Seminar on International Arbitration, Paris, France (September 2004). Instructor on ICC Arbitration: Arif Hyder Ali.

"Arbitrating with Sovereigns," International Arbitration Conference, Washington, D.C. (May 2004). Presenter: Arif Hyder Ali.

"10 Facts About International Energy Arbitration That Every Petroleum Negotiator Should Know," NAPE Expo Breakfast Seminar, Houston, Texas (February 2004). Presenter: Arif Hyder Ali.