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

Arif's 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; privatizations; thermal, nuclear and hydro power plants; oil and gas pipeline construction and concession-related matters; mining concessions; natural resource exploitation projects and contracts; tourism and hospitality projects; project finance and development agreements; contract stabilization and renegotiation issues; patents and trademarks; top-level and second-level domain names; and information technology-related disputes. He has extensive experience in dispute resolution and risk management relating to emerging market projects and investments.

Arif has also represented parties before inter-governmental tribunals, including the United States (U.S.)-Iran Claims Tribunal and the United Nations (U.N.) 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 consistently ranked and recognized as a leading international arbitration, business and public international lawyer, based on extensive peer and client nominations and interviews, by: Global Arbitration Review, Who's Who in American Law, Who's Who in Public International Law, Chambers and Partners (USA, Global and Latin America), The Legal Media Group's Guide to the World's Experts in Commercial Arbitration, Lawdragon, PLC Which Lawyer, The International Who's Who of Business Lawyers, Washington Super Lawyers and The International Who's Who of Commercial Arbitration Lawyers. In 2011 he received the International Law Office's (ILO) Client Choice Award for International Arbitration (USA).

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 and the International Bar Association's (IBA) Subcommittee on Investment Arbitration.

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 law firms in Paris, France, and Houston, Texas.

His country experience includes Argentina, Bahrain, Bangladesh, Bolivia, Brazil, Brunei, Canada, Costa Rica, Ecuador, Egypt, El Salvador, France, Guatemala, Guinea, India, Italy, Japan, Kuwait, Lebanon, Libya, Malaysia, the Netherlands, Nigeria, Norway, Oman, Pakistan, Peru, the Philippines, Russia, Saudi Arabia, Singapore, South Korea, Spain, Sweden, Switzerland, Taiwan, Turkey, the United Arab Emirates (UAE), the United Kingdom (U.K.), the U. S. and Venezuela.

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 and is a Registered Foreign Lawyer in England and Wales.

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

He is an avid Manchester United fan, secret poet, determined chef, and curious world traveler. His love for the law is only surpassed by his love for his family.

Representative Experience

Arif is an experienced international arbitration trial lawyer. In addition to regularly advising parties in connection with risk mitigation and dispute avoidance strategies, arbitral clause drafting and negotiations, and early case evaluations, Arif has recently served or is serving as lead attorney or trial counsel in the matters listed below.

Energy, Oil and Gas

• Duke Energy International Peru Investments No. 1 Ltd v. The Republic of Peru, International Centre for Settlement for Investment Disputes (ICSID) Case No. ARB/03/28- Annulment. Peru's annulment application was dismissed.
• Duke Energy International Peru Investments No. 1 Ltd v. The Republic of Peru, ICSID Case No. ARB/03/28. The dispute concerned 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 was the first international arbitration to test Peru's system of legal stability agreements and its investment laws, and resulted in favorable jurisdictional and merits awards in favor of our client.
• Duke Energy Electroquil Partners and Electroquil S.A. v. The Republic of Ecuador, ICSID Case No. ARB/04/19. Arbitration under the U.S.-Ecuador bilateral investment treaty in connection with the company's investments in the domestic energy sector. The arbitration resulted in a favorable award for our client on jurisdiction and merits.
• Represented UEG Araucaria Ltda., a Brazilian joint venture company, in a Paris-based International Chamber of Commerce (ICC) arbitration against, Comphania Paranaense de Energia Ltda., 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 U.S.$ 1.8 billion, and was one of the first major international arbitrations involving a Brazilian mixed-capital company. The jurisdictional award in the arbitration remains today one of the major precedents in Brazilian arbitral jurisprudence.
• Represented 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.
• Represented 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, U.S..
• Represented a Houston-based oil and gas company in a United Nations Commission on International Trade Law (UNCITRAL) conciliation proceedings with a state-owned oil company relating to the state party's demand for the renegotiation of the parties' long-term production sharing agreement.
• Represented 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 power purchase agreement's (PPA) payment clause and Guatemalan electricity sector regulations.
• Represented a provider of Internet-based energy metering services in a multi-million dollar arbitration under the American Arbitration Association (AAA) Complex Arbitration Rules arising out of a Master Product Alliance Agreement, eventually resolved through mediation.

Mining

• Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No. ARB/09/12. Representing Pac Rim Cayman LLC in connection with one of the first arbitrations under the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR) and the El Salvador's foreign investment law. The dispute arises out of the government's improper refusal to issue various environmental licenses and an exploitation concession.
• Representing a U.S. investor in arbitration proceedings against the Sultanate of Oman arising out of the government's breaches of the U.S.-Oman Free Trade Agreement.
• Represented 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 involved significant political lobbying activities of various governments, as well of several multilateral financial institutions in an effort to resolve the dispute amicably.

• Representing an U.S. investor, H&H Enterprises Investment Inc., in ICSID arbitration proceedings against the Arab Republic of Egypt under the U.S.-Egypt Treaty for the Protection and Promotion of Investments (ICSID Case No. ARB/09/15). The dispute relates to Egypt's expropriation of our client's hotel development investments in the Ain Sokhna region, denial of justice and unfair and inequitable treatment.
• Representing a U.S.-based multi-national hotel management company in connection with an ICC arbitration against a Dubai-based hotel owner. The parties' dispute arises out of a hotel management agreement governed by UAE law. The seat of arbitration is London. Our client has prevailed on liability and damages in the first two phases of the arbitration.
• Represented Marriott International Inc. in connection with an ICC arbitration against the owner of the Shelbourne Hotel in Dublin, Ireland. The parties' dispute arose out of the owner's attempts to terminate the hotel management agreement. The tribunal refused to terminate the agreement.
• Representing a multi-national hotel management company in an ICC arbitration against a Lebanese national relating to a hotel property located in Beirut. The seat of the arbitration is Paris, France. The dispute involves issues of Lebanese law, and the law governing the management agreement is Maryland, U.S., law.
• Representing a multi-national hotel management company in an ICC arbitration against a state-owned enterprise in connection with non-performance of a hotel management agreement. The governing law is Jamaican law.

Intellectual Property/Information Technology

• Representing Employ Media LLC in ICC international arbitration proceedings against the Internet Corporation for Assigned Names and Numbers (ICANN) relating to ICANN's threatened termination of Employ Media's registry agreement to operate the <.jobs> top-level domain. The seat of arbitration is Los Angeles, U.S.
• Represented ICM Registry in the first ever full "independent review process" conducted under the International Centre for Dispute Resolution (ICDR) Arbitration Rules against ICANN, arising out of ICANN's improper refusal to award the <.xxx> sponsored top-level domain (sTLD) to ICM Registry. The proceeding was decided in favor of ICM Registry, and the domain has been entered in to the Authoritative Root Server. This is the first decision to state that general principles of international law apply to the governance of the Internet.
• Represented a Swedish company against a U.S. company in a Paris-based ICC arbitration relating to a series of patents.
• Represented a Houston-based medical services provider in a Houston-based arbitration against a Canadian company under the AAA/ICDR International Rules.
• 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.

Other Commercial

• Represented an inter-governmental international organization in UNCITRAL arbitration proceedings against a South Asian company relating to procurement issues. The arbitration was seated in New York and was governed by international commercial law and general principles of law. The dispute was decided in favor of our client.
• Representing an Egyptian company in Dubai International Arbitration Centre (DIAC) arbitration proceedings relating to a shareholder dispute. The seat of the arbitration is Dubai. UAE law governs.
• Representing Banc of America Securities in connection with its efforts to enforce one of the first ever ICSID awards against the Government of Argentina. The representation involves coordination of court proceedings in various jurisdictions, asset search strategies, and political lobbying inside and outside of the U. S.
• Representing an Argentine claimant against a Chilean defendant in ICDR arbitration proceedings seated in Buenos Aires, Argentina, relating to a fee dispute. The governing law is Argentine law.

Arbitrator Experience

Arif frequently sits as an arbitrator and has also served as a mediator in a wide variety of international disputes, involving the governing laws of different jurisdictions and under various institutional regimes. He is currently sitting in or has recently completed deliberations and awards in the following arbitrations:

• Party-appointed arbitrator in an ICC arbitration between Japanese and Qatari parties relating to the construction of an oil platform. The seat of the arbitration was Dubai. UAE and Qatari law governed.
• Party-appointed arbitrator in two related ICDR arbitrations between U.S. companies relating to the construction of a power plant. The seat of the arbitration was New York, U.S. New York law governed.
• Chairman of the tribunal in an ICC arbitration between Korean, U.S. and Indian parties. The seat of the arbitration is Vienna, Austria. New York, U.S. law governs.
• Chairman of the tribunal in an ICC arbitration between Indian and Brazilian parties. The seat of the arbitration is Belo Horizonte, Brazil. The governing laws are English and Brazilian.
• Numerous internet domain name disputes under ICANN's Uniform Domain Name Dispute Resolution Policy.

Speaking Engagements

Arif has taught at law faculties and spoken at conferences around the world on a wide variety of topics, including: Dispute resolution and risk management in the hydrocarbons and mineral extraction industries; power sector disputes; construction sector disputes; arbitration developments in various jurisdictions and regions of the world; substantive, procedural and evidentiary issues in state-investor arbitration; substantive, procedural and evidentiary issues in international commercial arbitration; enforcement of arbitral awards; information technology and Internet dispute resolution; arbitral deliberations and decision-making; globalization and international economic development; rule of law and international investment; diversity issues and the practice of international law.

Select Peer and Client Reviews

"Arif Ali has great energy and market sense, and has done a wonderful job building a team." Chambers & Partners Global (2011) 

“Arif Ali of Crowell & Moring LLP is praised for his international arbitration skills. He is an impressive lawyer who is making substantial inroads into the market.” Chambers & Partners Latin America (2011)

“Co-chair of the group Arif Ali … is credited by interviewees with responsibility for much of the firm’s success. Sources describe him as a ‘brilliant lawyer and a real pleasure to work with: he has vast knowledge and a pragmatic approach.’ He has succeeded in expanding the firm’s Latin American presence over the last year, and is fast becoming recognized as a key player in the region.” Chambers & Partners USA (2010)

“Practice Group co-chair Arif Ali … has been integral in building the team’s profile. He combines an attention to detail with big-picture awareness.” Chambers & Partners USA (2009)

"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 Guide (2007)

"[Arif is] Second to none in local and international arbitration. Top shelf knowledge, hands on, and wonderful to work with." International Law Office (ILO) Client Interview (2010)

"In my initial consultation with Mr. Ali, he clearly stood out amongst his peers. His uptake of our circumstances was rapid, his questions cut to the quick and his conclusions and advice were concise. I left the meeting with no doubt about my choice of representation." ILO Client Interview (2010)

"Mr. Ali has a thorough knowledge of international arbitration law which has obviously earned him great respect from: his colleagues at Crowell and Moring who rely on him; opposing counsel; and the arbitrators themselves, who obviously respect him." ILO Client Interview (2010)

"Mr. Ali's preparation for hearings is thorough. He is demanding of himself and his colleagues and will not be outworked. Mr. Ali's anticipation of the opposing side's tactics is keenly intuitive." ILO Client Interview (2010)

"Presentation skills during the proceedings are concise, eloquent and persuasive. Mr. Ali's focus and adaptability during the hearings is insightful. He thinks clearly on the run having the impressive ability to intake large volumes of information, boil that information down quickly, come to accurate conclusions and make moves on the fly." ILO Client Interview (2010)

"Mr. Ali has an outstanding intellect evident in his ability to quickly absorb relevant technical and scientific information. He combines his superior legal abilities and intellect with an unwavering commitment - a willingness to give every drop of effort he has inside him." ILO Client Interview (2010)

"Arif has worked on our international arbitration. Having consulted other leading international law firms with formidable Arbitration teams and reputations, we were immediately impressed with Mr Ali's 'Outside of the Box' thinking and his uncanny ability to spot from the outset, potential argument angles that had been completely missed by the other firms." ILO Client Interview (2010)

"Arif has an absolutely brilliant ability to rapidly understand the complexities of a business operation in the context of a contentious dispute, and to develop masterful strategies of advocacy that drive meaningful resolutions and advance the business objectives of the client. I never cease to be astounded by the facility with which he takes command of a seemingly overwhelming web of facts, witnesses, languages, and laws, and assembles it into an orderly and powerful narrative of advocacy. This ability is the ultimate client service, because Arif engages with and appreciates the intricacies of our business practices, and he is able to articulate the critical connections between those practices and the laws and contractual relationships that govern them." ILO Client Interview (2010)

"Equally important is Arif's ability to transcend cultural barriers, embracing and nurturing relationships with our associates around the world to foster the trust and open communication that is critical to successful international representation. His dedication to developing his own team of incredibly talented and diverse colleagues is another example of his instinct that inclusiveness is important both for the benefit of the young lawyers he mentors, but also to provide engaged and effective client service to a global company." ILO Client Interview (2010)

"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)