Stephen P. Anway, co-head of the Investment Arbitration team and a partner in the Squire Patton Boggs world-ranked International Dispute Resolution Practice, has authored a chapter on “Advocacy in Investment Treaty Arbitration” in The Guide to Advocacy, published by Global Arbitration Review.
The chapter reviews a toolkit of advocacy techniques that have proven to be effective in investment treaty arbitration, discusses the expertise that effective advocates must possess in the field and addresses how advocacy techniques are shaped by the unique dynamics of cases involving respondent states. It goes on to analyse the distinctive considerations when selecting arbitrators in investment arbitration and provides recommendations for advocates to improve their written advocacy. The final section offers guidelines for oral advocacy and cross-examination in investment arbitration.
Mr. Anway comments: “The advocacy tips described in this chapter respond to a simple reality: the arbitrators who decide investment treaty cases are among the busiest in the world. Given their limited time, we are called on as advocates to navigate the complex matrix of facts, law and politics that invariably arise in investment arbitration, while presenting the case to the arbitrators in a consistent and easy-to-understand manner. Now more than ever, advocates in investment arbitration must eschew bellicose rhetoric, wearisome prose and never-ending briefs. Good advocacy is to the point and engaging, leaving the tribunal trusting the credibility of the advocate and convinced of your client’s position. It is my hope that this chapter will provide a roadmap to that goal.”
The Guide to Advocacy is a practical book for specialists and would-be specialists on how to be persuasive during international arbitration. The guide breaks the arbitral process into key steps and explains the advocacy “opportunity” that each represents.
Mr. Anway has worked in more than 25 countries and has represented clients – including eight different sovereign nations and numerous foreign investors – in some 70 international arbitration proceedings. Those cases include arbitrations brought under more than 10 different investment treaties, free-trade agreements and the Energy Charter Treaty. He has also been lead or co-lead counsel for the successful party in several landmark investment treaty arbitrations and was co-counsel in achieving the largest annulment in the history of ICSID – more than US$700 million.
Mr. Anway is also an Adjunct Professor of Law in the international law department at Case Western Reserve University School of Law – ranked one of the top 10 international law programs in the US – where he teaches a full 13-week doctrinal course every year on international arbitration.