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Stephen P. Anway
Partner
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Stephen Anway, a licensed lawyer in New York and Ohio, is a partner in the firm’s international arbitration group, ranked by
The American Lawyer’s 2009 Arbitration Scorecard as one of the top arbitration practices in the world. He has represented both sovereign nations and foreign companies in more than a dozen international arbitrations involving claims in excess of US$100 million, seven of which involved claims in excess of US$1 billion. Those arbitrations include numerous bilateral investment treaty arbitrations (representing both sovereigns and investors) as well as commercial arbitrations. His international arbitration experience includes work in England, France, Spain, Switzerland, Germany, Luxembourg, the Czech Republic, Russia, Canada, Mexico and Ecuador.
Mr. Anway’s recent international arbitration experience includes serving as lead counsel for the Czech Republic at both a provisional measures hearing and a jurisdictional hearing at the World Bank in Paris in 2007 and 2008, respectively. The case was brought under the bilateral investment treaty between Israel and the Czech Republic and involved claims in excess of US$100 million. By unanimous decisions, the Czech Republic prevailed in both and was awarded US$1.25 million in legal fees. (
Phoenix Action, Ltd. v. Czech Republic, ICSID Case No. ARB/06/5,
Decision on Provisional Measures, April 6, 2007, and
Final Award, April 15, 2009)
In 2008 Mr. Anway was part of a four-lawyer team that won a major international arbitral award under the UNCITRAL Arbitration Rules involving claims of more than US$2 billion. Mr. Anway played a lead role in obtaining recognition and enforcement of the award in the Southern District of New York under the New York Convention of 1958 (as well as defeating a cross-petition to vacate the award). (
Gas Natural Aprovisionamientos, SDG, S.A. v. Atl. LNG Co. of Trinidad and Tobago, 2008 US Dist. LEXIS 69632, 2008 WL 4344525 (S.D.N.Y. Sept. 16, 2008)) That award was recently recognized by the 2009 edition of
The American Lawyer’s Focus Europe as the second largest of the “Twelve Big Awards” internationally since 2005.
Mr. Anway also played an integral role in securing another billion-dollar international arbitral award under the UNCITRAL Arbitration Rules in 2005, which was recognized by the 2007 edition of
The American Lawyer’s Focus Europe as one of the “Ten Big Awards” internationally from April 2005 to April 2007.
Mr. Anway additionally played a leading role at a hearing on interim measures in Montreal in 2008, in which he represented an investor from Russia seeking interim measures against Mongolia under the bilateral investment treaty between the Russian Federation and Mongolia. The Tribunal granted interim measures prohibiting Mongolia from collecting a windfall profit tax against a gold mining company under certain conditions. (
Sergei Paushok, CJSC Golden East Company and CJSC Vostokneftegaz Company v. Mongolia, UNCITRAL,
Order on Interim Measures, Sept. 2, 2008)
Since early 2008 Mr. Anway has been representing the Republic of Ecuador in an international arbitration under the ICSID Convention involving a claim in excess of US$3 billion brought under a bilateral investment treaty.
Mr. Anway’s US litigation practice focuses on complex commercial litigation before state and federal courts. In 2008 he argued before the Sixth Circuit Court of Appeals, obtaining unanimous reversal of a district court order enjoining a major brokerage firm from proceeding to arbitration. (
Gordon v. Dadante, 294 Fed. Appx. 235, 2008 U.S. App. LEXIS 20157, 6th Cir. 2008) He has also argued in federal court on behalf of more than 30 defendant banks and financial institutions in a putative class action involving alleged improper handling of funds, resulting in the dismissal of the banks and financial institutions from the litigation. (
Metz v. Unizan Bank, 416 F. Supp. 2d 568, 2006 U.S. Dist. LEXIS 7027, N.D. Ohio 2006)
Before joining the firm, Mr. Anway clerked for the Chief Justice of the Supreme Court of Ohio, The Honorable Thomas J. Moyer. In 2007 he co-authored an article with Chief Justice Moyer titled, “
Biotechnology and the Bar: A Response to the Growing Divide Between Science and the Legal Environment,” published in the
Berkeley Technology Law Journal and republished by the American Bar Association in the Spring 2008 issue of
The Judge’s Journal.
Mr. Anway has served as an adjunct professor at The Ohio State University Moritz College of Law and is the author of several award-winning law review articles.
Mr. Anway was recognized as a Rising Star in the 2006, 2007, 2009 and 2010 editions of
Ohio Super Lawyers magazine, a distinction that recognizes the top 2.5 percent of Ohio lawyers under the age of 40 or those in practice for 10 years or less.