About

Ben has represented clients in a wide variety of international commercial and investment arbitrations under the ICSID, UNCITRAL, ICC, and CRCICA arbitration rules.

Ben's international litigation and arbitration experience includes matters involving countries in the Americas (Argentina, Brazil, Ecuador, Mexico, United States, Venezuela), Africa and the Middle East (Algeria, Egypt, Israel, Nigeria), Europe (Armenia, Belgium, Czech Republic, France, Moldova, Portugal, Spain, Turkey, Ukraine, the United Kingdom), and Asia (Azerbaijan, China, Kazakhstan, Mongolia). His industry experience includes foreign investment, oil and gas, power and energy, mining, cement, telecommunications, geotechnology, biotechnology, hotels, agriculture, real estate, and public utilities.

In addition to his work in international disputes, Ben advises clients on investment structuring for treaty protection and the enforcement of foreign judgments and arbitral awards.

Ben serves on the Peer Review Board of the ICSID Review, as a Corresponding Editor on the board of International Legal Materials, as a contributor to Investment Claims, and as a Young ICCA Advisory Member. He also publishes and speaks regularly on topics related to both investment and commercial arbitration.

Qualified to practice in New York and Texas, Ben speaks English and French, reads Spanish, and holds law degrees from the University of Texas and Université de Paris I Panthéon-Sorbonne.

Publications:

"Ratione Temporis," International Investment Law: A Handbook (M. Bungenberg, J. Griebel, S. Hobe, and A. Reinisch, eds.) (forthcoming, 2012) (co-author Noah Rubins)

"Introductory Note to Jurisdictional Immunities of the State (Germany v. Italy)," International Legal Materials, Vol. 51(3) (2012)

"The Future of Investment Arbitration in Asia: An Optimistic Assessment," Investment Treaty Arbitration and International Law (I. Laird and T. Weiler, eds.) (2012)

"‘Manifest Disregard of the Law,’ ‘Minimum Contacts,’ and Forum Non Conveniens: Recent Developments in Judicially-Created Doctrines that May Defeat Enforcement of Arbitral Awards in the U.S.," Les Cahiers de l’Arbitrage, Vol. 3 (2010) (co-author James Castello)

"Introductory Note to CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15)," International Legal Materials, Vol. 48(4) (2010)

"Investor-State Mediation: Observations on the Role of Institutions," Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, Vol. 3 (Arthur Rovine, ed.) (2010) (co-author Margrete Stevens)

"Introductory Note to Bernardus Henricus Funnekotter and others v. Republic of Zimbabwe (ICSID Case No. ARB/05/6)," International Legal Materials, Vol. 48(4) (2009)

"Individual Nationality in Investment Treaty Arbitration: The Tension Between Customary International Law and Lex Specialis," Investment Treaty Law: Current Issues, Vol. 3 (2009) (co-author Roberto Aguirre Luzi)

"Potential Local Remedies Issues in Venezuelan Investment Disputes," Transnational Dispute Management Special Issue on Venezuela: The Battle of Contract Sanctity vs. Resource Sovereignty, Vol. 5(2) (2008)

Presentations:

Energy Contracts and BITs - Is it Fair and Equitable to be under the Umbrella?, Seventh Annual Investment Treaty Arbitration Conference: A Debate and Discussion, Complex Issues Raised by Investor-State Arbitration in the Energy Sector, Washington DC, 22 April 2013

Unique Aspects of Enforcing Arbitral Awards in the United States, Paris Bar Presentation, Paris, 16 April 2013

The Importance of Soft Law in International Disputes, ASIL Midyear Meeting: The Status of the Sources of International Law, University of Georgia School of Law, Athens, 20 October 2012

The Increasing Influence of Soft Law in International Disputes, ASIL Conference: International Law in a Time of Change: Reassessing Legal Theory, Doctrine, Methodology and Policy Perceptions, University of Minnesota Law School, Minneapolis, 18 November 2010

Does Investment Arbitration Have a Future in the Asia-Pacific Region?, Fourth Annual Investment Treaty Arbitration Conference: A Debate and Discussion, Investment Arbitration in the Asia-Pacific Region, Washington DC, 30 April 2010

International Arbitration Practice, Columbia International Arbitration Association, Columbia Law School, New York, 16 November 2009

Recent deals/Highlights

Advising Total in the quantum phase of its billion-dollar ICSID case against Argentina in the upstream oil and gas, electricity, and gas transportation sectors;

Advising East Mediterranean Gas and a consortium of investors in multi-billion dollar ICSID, UNCITRAL, ICC, and CRCICA arbitrations against Egypt and Egyptian State entities involving the termination of gas supply from Egypt to Israel;

Advising a consortium of US investors in an investment treaty arbitration against Azerbaijan for the expropriation of a large-scale real estate project;

Advising Chinese State-owned companies in an ad hoc investment treaty arbitration against Mongolia for the expropriation of a mining investment; and

Advising a large Portuguese cement company in two ICC arbitrations with its Irish joint-venture partner.

Languages

English, French, Spanish