Book

The Iran-United States Claims Tribunal (2nd ed., Brill, forthcoming 2025) (with Charles N. Brower, Lee M. Caplan, and Jarrod Wong)

Book Chapters

““Determining the Extent of Discovery and Dealing with Requests for Discovery: Perspectives from the Common Law,” in The Leading Arbitrators’ Guide to International Arbitration, at 307 (L. Newman & R. Hill eds., Juris, 4th rev. ed. 2025, 3rd rev. ed. 2014, 2nd rev. ed. 2008; 1st ed. 2004) (with Charles N. Brower)

“Negotiating from a Model BIT,” in International Arbitration Institute (IAI) Series No. 10 – Treaty-Making in Investment Law (forthcoming, Juris, 2025)

“From Delegation to Prescription: Interpretive Authority in International Investment Agreements,” in By Peaceful Means: International Adjudication and Arbitration (C. Brower, J. Donoghue, C. Murphy, C. Payne, & E. Shirlow eds., 2023)

“The Multiple Roles of States in International Claims Commissions,” in Research Handbook on International Claims Commissions (C. Giorgetti, P. Pearsall, and H. Ruiz-Fabri eds., Elgar, 2023)

“Adverse Inferences,” in Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts (F. Ferrari & F. Rosenfeld eds., Wolters Kluwer, 2022)

“Arbitral Tribunals’ Inherent Powers in Corruption Matters,” in Inherent Powers in International Adjudication (F. Franco & F. Rosenfeld eds., Juris, 2018)

“Counterclaims and State Claims,” in Contemporary and Emerging Issues on the Law of Damages and Counterclaims in International Investment Arbitration (C. Beharry ed., Brill, 2018) (with Marc Jacob)

“The Minimum Standard of Treatment, Glamis Gold, and Neer’s Enduring Influence,” in Building International Investment Law: The First 50 Years of ICSID (Meg Kinnear et al. eds., Kluwer Law International, 2015)

“Representing a Respondent State in Investment Arbitration,” in Litigating International Investment Disputes: A Practitioner’s Guide, (C. Giorgetti ed., Martinus Nijhoff, 2014)

“United States,” in Commentaries on International Investment Agreements (C. Brown ed., Oxford, 2013) (with Lee M. Caplan)

“Iran-United States Claims Tribunal,” in The Rules, Practice, and Jurisprudence of International Courts and Tribunals (C. Giorgetti ed., Brill, 2012)

“Inoperative Arbitration Agreements Under the New York Convention,” in Enforcement of Arbitration Agreements and International Arbitral Awards—The New York Convention 1958 in Practice (E. Gaillard & D. Di Pietro eds., 2008) (with Carolyn B. Lamm)

“Awards of Compound Interest in International Arbitration: The Aminoil Non-Precedent,” in Global Reflections on International Law, Commerce and Dispute Resolution, at 155 (G. Aksen et al. eds., ICC, 2005) (with Charles N. Brower)

Articles

“The Agent’s Indispensable Role in International Investment Arbitration,” 33 ICSID Review—Foreign Investment Law Journal 675 (2018)

“Reform of Investor-State Dispute Settlement: The U.S. Experience,” Transnational Dispute Management (2014), reprinted in Reform of Investor-State Dispute Settlement: In Search of a Roadmap (A. Joubin-Bret and J. Kalicki eds., Martinus Nijhoff, 2015) (with Karin Kizer)

“Drawing Adverse Inferences from the Non-Production of Evidence,” 22 Arbitration International 549 (2006)

“The Creeping Codification of Transnational Commercial Law: An Arbitrator’s Perspective,” 45 Virginia Journal of International Law 199 (2004) (with Charles N. Brower)

“The Coming Crisis in the Global Adjudication System,” 19 Arbitration International 415 (2003) (with Charles N. Brower and Charles H. Brower II)

“Multiple and Conflicting International Arbitral Awards,” 4 Journal of World Investment and Trade 211 (2003) (with Charles N. Brower)

“International Arbitration and the Islamic World: The Third Phase,” 97 American Journal of International Law 643 (2003) (with Charles N. Brower)

Shorter Works

Certain Iranian Assets (Iran v. United States): An Introduction to the Agora, ICSID Review—Foreign Investment Law Journal (2024) (with Chester Brown SC)

Institutionalizing Investment Dispute Prevention: The U.S. Experience, 118 AJIL Unbound (2024)

Book review, The Three Ages of International Commercial Arbitration by Mikaël Schinazi, ICSID Review—Foreign Investment Law Journal (2023)

“Historic UNGA Regulations Calls for Ukraine Reparations,” Just Security (November 16, 2022) (with Chiara Giorgetti, Markiyan Kliuchkovsky & Patrick Pearsall)

“First Impressions of a Virtual Hearing at ICSID,” ICSID Review—Foreign Investment Law Journal (2021) (with Chester Brown & Mark McNeill).

“An International Investment Advisory Center—Beyond the WTO Model,” EJIL:Talk! (July 26, 2019)

“Control, Capacity, and Legitimacy in Investment Treaty Arbitration,” AJIL Unbound (2018)

“Conceptualizing the EU’s Proposed Multilateral Investment Court as an International Claims Tribunal,” Proceedings of the 111th Annual Meeting of the American Society of International Law 102 (2018)

“Trends in Investment Chapter/BIT Drafting to Address Environmental Protection,” in Dispute Resolution and Climate Change: The Paris Agreement and Beyond 67(ICC, 2017)

“Practising Virtue: Inside International Arbitration” (Caron et al. eds.), book review, 32 Arbitration International 702 (2016) (with Lee M. Caplan)

“The Potential Impact on Investment Arbitration of the ILC’s Work on Customary International Law,” AJIL Unbound (2014)

“Possible Paradigmatic Changes in the Settlement of International Investment Disputes,” Proceedings of the 108th Annual Meeting of the American Society of International Law (2014)

“Challenge Decision in Mauritius v. United Kingdom,” 51 International Legal Materials 350 (2012)

“Challenge Decision in Vito G. Gallo v. Canada,” 49 International Legal Materials 23 (2010)

“The Role of States in Fostering the Culture of Arbitration,” World Jurist Association Working Paper (2009)

Presentations

“Progress at UNCITRAL Working Group III,” Washington Arbitration Week, Washington, DC (December 3, 2024)

“International Law and Compensation: Recent Developments and Future Prospects,” International Law Week, New York, NY (October 25, 2024)

“Preventing and Managing International Investment Disputes: Overcoming Institutional Challenges” (faculty), UK Foreign, Commonwealth & Development Office (FCDO) Masterclass (October 21, 2024)

“The New Generation of International Investment Agreements,” University of Pennsylvania International Arbitration Association Annual Conference (March 23, 2023)

“Catastrophic Sovereign Events,” Schiefelbein Global Dispute Resolution Conference, ASU Law School (January 13, 2023)

“Interpretation of Treaties,” CCSI International Investment Law and Policy Speaker Series (November 16, 2022)

“Arbitration and Economic Sanctions: Implications and How to Deal with Them,” Yonsei Arbitration Day (August 26, 2002)

“Affaires d’États: Practical Considerations When Defending States in International Arbitration,” Curtis Mallet-Prevost Webinar, Paris Arbitration Week (March 28, 2022)

“Post-Conflict International Claims Commissions,” Volterra Fietta Webinar (March 24, 2022)

“Dispute Diplomacy and the Right to Regulate: Best Practices for Mitigating and Managing International Investment Claims” (faculty), UK Foreign, Commonwealth & Development Office (FCDO) Masterclass (February 9, 2022)

“Foreign Investment Laws—A Renewed Basis for Consent to International Investment Arbitration? A Look at Recent Developments,” Washington Arbitration Week (December 3, 2021)

“Enforcing Arbitration Agreements and Awards Under the New York Convention” (faculty), Oklahoma Bar Association International Law Section CLE (November 9, 2021)

“Reflecting on Modern Challenges in the Settlement of Environmental Disputes,” American Branch of the International Law Association, International Law Weekend (October 30, 2021)

“Judicializing Trade and Investment Dispute Settlement,” American Society of International Law 2021 Virtual Annual Meeting (March 25, 2021)

“Reform in Practice: A Roundtable Discussion,” Institute for Transnational Arbitration-American Society of International Law, 18th Annual Conference (March 23, 2021)

“The Corruption Virus in Arbitration,” New York University School of Law (November 19, 2020)

“Managing International Investment—Legal Frameworks” (faculty), Singapore Ministry of Foreign Affairs-SCP/Centre for International Law-NUS (November 6, 2020)

“Models and Approaches to Organizing the State’s Defense” (faculty), Investment Arbitration for Government Officials, Executive Training Program, Columbia Center on Sustainable Investment,  (July 22, 2020)

“The Non-Discrimination Obligations” (faculty), Investment Arbitration for Government Officials, Executive Training Program, Columbia Center on Sustainable Investment (July 16, 2020)

“New Techniques in Investment Treaty Drafting: Their Use by States and Application by Tribunals” (moderator), 9th Investment Treaty Conference, Prague, Czech Republic (October 11, 2019)

“Should States Appoint Agents in International Investment Arbitration?” Colloquium on Actors in International Investment Arbitration: Beyond Claimants, Respondents and Arbitrators, University of Paris II Panthéon-Assas, Paris, France (September 26-27, 2019)

“From Delegation to Prescription: Reallocating Interpretive Authority in International Investment Agreements,” BIICL/NUS, ISDS@Singapore Public Conference, Singapore (September 13, 2019)

“Fair and Equitable Treatment and the Minimum Standard of Treatment,” “Non-Discrimination Obligations,” and “Importing Standards Through MFN,” and the “State’s Role in Treaty Interpretation” (faculty), Investment Arbitration for Government Officials, Executive Training Program, Columbia Center on Sustainable Investment,  New York, NY (June 18, 2019)

“Can Foreign Investors Sue the UK for Brexit?” University of Notre Dame, London, UK (May 30, 2019)

“Proposals for Amending the ICSID Arbitration Rules,” Research Centre of the French National Centre for Scientific Research / University Paris II Panthéon-Assas, Paris, France (May 26, 2019)

“Preferences for Investment-Treaty-Covered Investors,” 5th Annual OECD Investment Treaty Conference: investment treaties and level playing fields, Paris, France (March 11, 2019)

“Investment-Treaty Reform, and Trends in ISDS Cases in CIS States,” UNCITRAL/Belarus Ministry of Foreign Affairs, Regional Conference on International Arbitration and Mediation, Minsk, Belarus (December 4-5, 2018)

“Ensuring Awareness of Investment Commitments Across Policy-Making Agencies” (faculty), AANZFTA Economic Cooperation Work Programme, Regional Forum on Investment Disputes, Resolution, and Prevention, Manila, Philippines (November 27-28, 2018)

“Transparency in Investment Arbitration: Latest Developments,” 8th Prague Investment Treaty Arbitration Conference, Prague, Czech Republic (October 25, 2018)

 “Perspectives on Arbitrators, Including a Code of Ethics,” UNCITRAL/Government of Korea/KCAB, Trade Law Forum, Incheon, Korea (September 11, 2018)

“Fair and Equitable Treatment and the Minimum Standard of Treatment,” “Non-Discrimination Obligations,” and “Importing Standards Through MFN” (faculty), Investment Arbitration for Government Officials, Executive Training Program, Columbia Center on Sustainable Investment,  New York, NY (July 31-August 1, 2018)

“Workshop for State Officials on Prevention and Management of Investment Disputes” (faculty), Energy Charter Secretariat, Brussels, Belgium (July 6, 2018)

“The European Commission’s Proposed Multilateral Investment Court” (discussant), European Union/Cairo Regional Centre for International Commercial Arbitration, Joint Seminar on International Investment Law, Cairo, Egypt (June 20, 2018)

“Enforcement Issues Arising from Multiple and Conflicting Arbitral Awards,” BIICL Investment Treaty Forum, London, UK (May 10, 2018)

“Effective Amicus Curiae Submissions in International Investment Disputes” (discussant) General Counsel Roundtable, Lima, Peru (April 9, 2018)

“Approaches to Ensuring a Basic Awareness of Investment Commitments Across Policy-Making Agencies in APEC,” APEC Capacity-Building Workshop on Approaches to Implementing Investment Commitments, Beijing, China (December 7-8, 2017)

“Tips for Successful Oral Advocacy,” International Arbitration Day, Paris, France (November 24, 2017)

“The Arbitral Tribunal’s Inherent Powers in Corruption Matters,” Inherent Powers Conference, Sciences Po Law School, Paris, France (November 24, 2017)

“Issues in relation to dispute resolution when preparing/signing an international investment agreement or drafting/amending domestic legislation” (faculty), 4th International Conference for a Euro-Mediterranean Community of International Arbitration, Manama, Bahrain (November 19, 2017)

“New Trends in Expropriation – Do Tribunals Interpret Treaties Too Extensively?” (moderator), 7th Investment Treaty Arbitration Conference, Prague, Czech Republic (October 26, 2017)

“Ensuring Preparedness for ISDS Cases,” APEC Capacity-Building Workshop on Investor-State Dispute Settlement Prevention and Management, Washington, DC (October 6, 2017)

 “The New York Convention 1958” (faculty), United Nations Development Programme, Judicial and Government Capacity-Building Seminar, Borjomi, Georgia (September 30-October 1, 2017)

“Representing a Respondent State” (faculty), Africa Information Legal Awareness, Managing an Investment Arbitration (September 25, 2017)

“Fair and Equitable Treatment and the Minimum Standard of Treatment,” “Non-Discrimination Obligations,” and “Importing Standards Through MFN” (faculty), Investment Arbitration for Government Officials, Executive Training Program, Columbia Center on Sustainable Investment,  New York, NY (August 2, 2017)

“Trends and Challenges in International Arbitration and Mediation in China” (commentator), Beijing Arbitration Commission/Beijing International Arbitration Center, 2017 London Summit on Commercial Dispute Resolution in China, London (June 19, 2017)

“Challenges to the Legitimacy of International Arbitration” (co-organizer and moderator), 29th Annual ITA Workshop and Annual Meeting, Dallas, TX (June 14-16, 2017)

“Best Practices for States in Organizing Their Defense to International Investment Disputes” (faculty), High-Level Committee to Review the Institutionalisation of Arbitration Mechanisms in India, Workshop on Bilateral Investment Treaties, New Delhi, India/London, UK (April 22, 2017)

“Conceptualizing the EU’s Proposed Multilateral Investment Court as a Claims Commission” (speaker), 111th Annual Meeting of the American Society of International Law, Washington, DC (April 13, 2017)

“The Future of Investment Arbitration” (discussant), UNCITRAL/LAC Conference, Ljubljana, Slovenia (April 4, 2017)

“Development of International Investment Law and Jurisdiction in International Investment Arbitration” (speaker), Centre for Advanced Research in Dispute Settlement Tour de Arbitration, London, UK (March 1, 2017)

“The Future of Dispute Resolution on Free Trade Agreements” (moderator), ICC UK Annual Arbitration Conference, London, UK (November 30, 2016)

“The Role of Non-Disputing Parties in Investment Arbitration,” 5th Asia Pacific ADR Conference, Seoul, Korea (October 13, 2016)

“Best Practices for States in Organizing Their Defense to International Investment Claims,” Energy Charter Secretariat Investment Working Group, Brussels, Belgium (Sept. 20, 2016)

“FTAs with an Appeals Mechanism,” Inaugural SIA/QMUL and ICSID Joint Arbitration Symposium: Current Trends in Investor-State Arbitration, London, UK (September 8, 2016)

“Interpretation of Investment Treaties” (faculty), Investment Treaty Law Arbitration Training, African Information Legal Awareness, London, UK (September 5, 2016)

“Fair and Equitable Treatment and the Minimum Standard of Treatment,” “Non-Discrimination Obligations,” “Importing Standards Through MFN,” and “Treaty Interpretation and the State’s Role” (faculty), Investment Arbitration for Government Officials, Executive Training Program, Columbia Center on Sustainable Investment,  New York, NY (August 1-5, 2016)

“ISDS Under TTIP: What is All the Fuss About?” ABA Section on International Law, 2016 Europe Forum,  Rome, Italy (May 30, 2016)

“New Developments in Litigation in the Natural Resources Industry,” International Bar Association, Biennial Conference of the Section on Energy, Environment, Natural Resources and Infrastructure Law 2016, New York, NY (April 20, 2016)

“Negotiations Based on a Model BIT or a Model FTA,” International Arbitration Institute, Treaty-Making in Investment Arbitration, London (April 19, 2016); Washington, DC (November 20, 2015)

“Preventing and Resolving Disputes: Current Issues and Key Considerations for Users of Mediation and Arbitration” (moderator), International Institute for Conflict Prevention and Resolution (CPR)/Shearman & Sterling LLP, London (March 16, 2016)

“First Look: The Treatment of Investment Under the Trans-Pacific Partnership,” British Institute for International and Comparative Law, Investment Treaty Forum, London (March 10, 2016)

“Investor-State Arbitration and Public Health Policies: The Philip Morris Cases,” Cambridge Arbitration Day, Cambridge, England (March 5, 2016)

 “Defending International Claims: Lessons from the U.S. Experience,” Kuwait Conference on International Investment Arbitration, Kuwait (February 17, 2016)

 “International Arbitration & ADR in Enforcing Treaty Environmental Obligations,” IBA/ICC/PCA/SCC Conference COP21: Climate Change-Related Disputes: A Role for International Arbitration and ADR, Paris, France (December 7, 2015)

“Increasing the Legitimacy of ISDS,” Max Planck Institute Luxembourg, Transatlantic Trade and Investment Partnership (TTIP) – Framing the System for Investor-State Dispute Settlement, Luxembourg (December 4, 2015)

“Ethics for Counsel in International Adjudication” (moderator), American Branch of the International Law Association, International Law Weekend, New York, NY (November 6, 2015)

“State-to-State Proceedings Under Investment Treaties” (moderator), The State of Play: The Active Role of States and State-Owned Entities in International Arbitration, Kiev, Ukraine (November 4, 2015)

“Interaction Between National Courts and International Arbitration,” Georgian International Arbitration Center (GIAC) Arbitration Days 2015, Tbilisi, Georgia (October 9, 2015)

“The Role of Judges and Arbitrators in Natural Resource Activities,” International Bar Association Annual Conference, Vienna, Austria (October 8, 2015)

“Public and Private Paradigms in Investment Treaty Arbitration” (discussant), CIDS International Conference 2015, International Dispute Settlement at the Crossroads of Public and Private International Law, Geneva, Switzerland (September 25, 2015)

“Interpretation of Investment Treaties” (faculty), Investment Treaty Law Arbitration Training, African Information Legal Awareness, London, UK (September 14, 2015)

“Treaty Interpretation and the State’s Role,” and “Handling Notices and Managing Claims” (faculty), Investment Arbitration for Government Officials, Executive Training Program, Columbia Center on Sustainable Development,  New York, NY (July 17, 2015)

“Current Issues in Investor-State Dispute Settlement” (moderator), U.S. State Department’s Advisory Committee on Public International Law, Washington, DC (June 26, 2015)

“Challenges to Investment Across Borders,” HKIAC/ICCA, Hong Kong Summit, Hong Kong (May 13, 2015)

“International Adjudication and the Development of International Law,” American Society of International Law 2015 International Legal Theory Workshop: Whither the West? Debates on Concepts of International Law in Europe and North America, Washington, DC (May 8, 2015)

“The Current State of International Dispute Resolution,” American Society of International Law, International Dispute Resolution Interest Group, Washington, DC (April 9, 2015)

“The Role of International Courts,” Berkeley Law School’s Stefan A. Riesenfeld Symposium, Berkeley, CA (April 6, 2015)

“The Future of Investment Arbitration” (video contributor), International Bar Association’s International Arbitration Day, Washington, DC (February 27, 2015)

“Regionalism and Investment Arbitration in Asia-Pacific” (featured speaker), Asia-Pacific Forum for International Arbitration, 40th International Arbitration Symposium, Washington, D.C. (February 25, 2015)

“International Economic Law and Health,” American Society of International Law 2014 Biennial Research Conference: Reassessing International Economic Law and Development: New Challenges for Law and Policy, Denver, CO (November 15, 2014)

“Litigating International Investment Disputes,” George Washington University Law School, Washington, DC (October 30, 2014)

“Current Issues in International Commercial Arbitration,” Wayne State University Law School, Detroit, MI (October 2, 2014)

“Can International Investment Law be Restated?  Or is Jurisprudence Constante the El Dorado of Investment Treaty Lawyers?,” BIICL Investment Treaty Forum, London, England (September 12, 2014)

“Identifying Customary International Law” (commentator), U.S. State Department’s Advisory Committee on Public International Law, Washington, DC (June 20, 2014)

“Possible Paradigmatic Changes in the Settlement of International Investment Disputes,” Annual Meeting of the American Society of International Law and International Law Association, Washington, DC (April 10, 2014)

“Careers in International Arbitration,” American Society of International Law, Washington, DC (March 20, 2014)

“Roundtable with State Officers,” 30th AAA-ICDR/ICC/ICSID Joint Colloquium, Paris, France (December 6, 2013)

“Standards of Review in Investment Treaty Arbitration,” American Branch of the International Law Association, International Law Weekend: Internationalization of Law and Legal Practice, New York, NY (October 25, 2013)

“Washington Tradecraft: Working with the Interagency,” U.S. Department of State, Foreign Service Institute, Washington, D.C. (Aug. 9, 2013)

“The Design of the Investment Arbitration System: Consistency and Precedent,” Harvard International Law Journal 2013 Symposium, Investment Treaty Arbitration: Approaching the System’s Adulthood, Cambridge, MA (March 8, 2013)

“Soft Law in Investment Arbitration” (commentator), Institute for Transnational Arbitration, Winter Forum, Miami, FL (January 25, 2013)

“Effective Advocacy in Arbitration,” 29th AAA-ICDR/ICC/ICSID Joint Colloquium, Washington, DC (November 2, 2012)

“The Future of the ICSID Annulment System” (moderator), U.S. State Department’s Advisory Committee on Public International Law, Washington, DC (May 30, 2012)

“Human Rights and Investment Arbitration,” Harvard Law School Alumni International Law Society, Washington, DC (May 23, 2012)

“International Arbitration and Mediation,” 23rd Biennial WJA Congress on the Law of the World, Kiev, Ukraine (March 25, 2009)

“The Sources of Soft Law Instruments in International Arbitration” (discussant), Institute for Transnational Arbitration, Berkeley, CA (January 18, 2008)

Interviews / Media

“An International Investment Advisory Centre,” The Arbitration Station (October 13, 2020) (interview)

“Adverse Inferences in International Arbitration: A Conversation with Jeremy K. Sharpe,” GARB-USP (October 8, 2020) (interview)

“Ex-Shearman Partner Goes Solo in Canada,” Global Arbitration Review (2 June 2020)

“Representing States in Investment Treaty Arbitration,” Vienna Arbitration Talks (November 14, 2019) (inaugural interview)

“Boosting the Role of State Agents in International Investment Arbitration, with Jeremy Sharpe,” Jus Mundi (May 3, 2019) (interview)

“Fact File: Your Questions on the Trans-Pacific Partnership,” Australian Broadcasting Corporation (December 17, 2015)

 “L’état du droit en Irak: trois questions à Jeremy Sharpe,” 35 Recueil Dalloz 2417, 2488 (October 9, 2008) (interview)

Individual Lectures

Sciences Po Law School (2019)

University College London (2016, 2017, 2018, 2019, 2020)

Peking University School of Transnational Law (2015)

Notre Dame Law School (2014, 2015)

Harvard Law School (2011, 2013)

Richmond Law School (2013, 2014, 2015)

Georgetown University Law Center (2008, 2009)

International Law Institute (2007)