Emily Alban joined Crowell & Moring's Washington, D.C. office in 2007, where she practices in the International Dispute Resolution Group. She represents clients in complex cross-border and domestic litigation in U.S. federal trial and appellate courts and in arbitrations before bodies such as the International Centre for Dispute Resolution (ICDR), the International Centre for the Settlement of Investment Disputes (ICSID), and the International Chamber of Commerce (ICC). She has represented foreign and domestic clients in international and transnational matters, with a focus on disputes involving foreign sovereign entities and lawsuits against foreign governments on behalf of victims of terrorism. She counsels clients and has litigated extensively under the Foreign Sovereign Immunities Act (FSIA). She is also is active in counseling clients regarding various Internet governance and domain name issues.
Emily's recent arbitration and litigation experience includes:
- Representation of a manufacturing company in commercial arbitrations regarding sales contracts.
- Representation of victims of terrorism in FSIA litigation in the U.S. District Court for the District of Columbia arising from attacks on U.S. embassy and U.S. embassy annex in Beirut, Lebanon.
- Representation of victims of terrorism in FSIA litigation in federal trial and appellate courts arising from attack on U.S. embassy in Nairobi, Kenya.
- Representation of a victim of torture in oral argument before the Ninth Circuit in FSIA litigation arising from the Government of the Republic of India’s breach of its agreement not to subject the plaintiff to treatment constituting torture.
- Representing an Internet registry services company in a dispute under the ICC arbitration rules against the Internet Corporation for Assigned Names and Numbers (ICANN), arising out of a claim of breach of contract involving the operation of a top-level domain (TLD).
- Representing an Internet registry services company in a dispute under the ICDR International Arbitration Rules against the Internet Corporation for Assigned Names and Numbers (ICANN), arising out of ICANN’s improper refusal to award the sTLD <.xxx> (ICM Registry, LLC v. ICANN)
- Representing an American-owned Kazakh investor in connection with ICSID arbitration proceedings against Kazakhstan under the U.S.-Kazakhstan BIT, relating to the government's expropriation of the investor's oil production concession. (Caratube International Oil Company v. Kazakhstan)
- Representing an American investor in connection with ICSID arbitration proceedings against Egypt under the U.S.-Egypt BIT, relating to the government's expropriation of an investment in its hotel and tourism sector. (H&H Enterprises Investments Inc. v. Egypt)
- Representing a U.S. energy services company in annulment proceedings at ICSID against the Republic of Peru, relating to a successful final ICSID award of approximately US$ 20 million received by the company in 2008. (Duke Energy Peru Investments No. 1, Ltd. v. Peru)
Emily's recent counseling experience includes:
- Advising foreign sovereign entities regarding immunity and liability under the FSIA.
- Advising corporations and organizations in efforts to object to or otherwise challenge pending TLD applications.
- Advising corporations and organizations in efforts to respond to objections to pending TLD applications.
- Advising parties in efforts to apply for, secure, and operate top level domains.
Prior to joining Crowell & Moring, Emily clerked for Justice Nathan Hecht of the Supreme Court of Texas.
Emily received a B.A., summa cum laude, in international relations from the College of William & Mary in 2003. She earned her J.D., cum laude, in 2006 from Harvard Law School. While at Harvard, she was a member of the Harvard International Law Journal, participated in national mock trial competitions, and was a semi-finalist in Harvard's Ames Moot Court competition.
Affiliations
Admitted to practice: District of Columbia, Texas (inactive), U.S. Courts of Appeals for the District of Columbia and Ninth Circuits
Professional Activities & Memberships
- LCIA Young International Arbitration Group (YIAG)
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USCIB Young Arbitrators Forum (YAF)
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ICDR Young & International
Speeches & Presentations
Publications
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"The Foreign Sovereign Immunities Act: 2014 Year in Review," Law and Business Review of the Americas
(Summer 2016).
Authors: Laurel Pyke Malson, Aryeh S. Portnoy, Emily Alban, Shannon Barnard, Kate M. Growley, and Belinda Liu.
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"Application for New gTLDs and Domain Names," Domains & Domain Names 2015, Getting the Deal Through
(May 2015).
(contributing editor: Flip Petillion). Authors: John L. Murino and Emily Alban.
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"Congressional Discussions on the Transition of Internet Domain Name Functions from the U.S. Department of Commerce to ICANN," Crowell & Moring's Public Policy Bulletin
(April 3, 2015).
Author: Emily Alban.
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"Application of Domain Names in Existing or New gTLDs," Domains & Domain Names 2014, Getting the Deal Through
(May 2014).
(contributing editor: Flip Petillion). Authors: John Murino and Emily Alban.
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"Lessons from the Cases Against ICANN," Managing Intellectual Property
(February 2013).
Authors: Flip Petillion, John L. Murino, Emily Alban, and Jan Janssen.
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"The Sun Never Sets: Provisional Application and The Energy Charter Treaty," Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty
(Graham Coop, ed., June 2011).
Co-Authors: Alexandre de Gramont and Emily M. Alban.
Client Alerts & Newsletters
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"International Chamber of Commerce Updates its Model Force Majeure and Hardship Clauses Amidst COVID-19 Pandemic,"
International Dispute Resolution Alert
(May 6, 2020).
Contacts: Ian A. Laird, John L. Murino, Laurence Winston, Emily Alban
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"Business Disruption in a Pandemic: Termination or Suspension of Contract Performance?,"
Litigation Alert
(April 27, 2020).
Contacts: John L. Murino, Luke van Houwelingen, Emily Alban
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"Business Disruption and Commercial Contracts (Part 3): Does The Law Of Impossibility Or Frustration Excuse Performance?,"
Litigation Alert
(April 1, 2020).
Contacts: Bryan Brewer, Mark A. Klapow, John L. Murino, Emily Alban
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"Business Disruption in a Pandemic: Does COVID-19 Excuse Non-Performance of a Contract?,"
Litigation Alert
(March 25, 2020).
Contacts: Mark A. Klapow, John L. Murino, Emily Alban
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"The Month in International Trade – March 2019,"
International Trade Bulletin
(April 12, 2019).
Contacts: Jeffrey L. Snyder, Frances P. Hadfield, Edward Goetz, Carlton Greene, David (Dj) Wolff, John L. Murino, Emily Alban
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"Supreme Court Limits the Immunity of International Organizations,"
International Dispute Resolution Alert
(March 12, 2019).
Contacts: John L. Murino, Emily Alban
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"Analytical Methods, Inc. Fined $500,000 For Failing to Register and Obtain DDTC Authorization For Exporting Its Analysis,"
International Trade Bulletin
(March 18, 2009).
Contacts: Alan W. H. Gourley, Emily Alban
Press Coverage
Firm News & Announcements