(Effective5 December 2008)
THE HONORABLE CHARLES N. BROWER
20 Essex Street Chambers
20 Essex Street
LondonWC2R 3AL
ENGLAND
Telephone: (44.20) 7583 9294
Facsimile: (44.20) 7583 1341
E-mail:
**
Iran-United States Claims Tribunal
Parkweg 13
2585 JH The Hague
THE NETHERLANDS
Telephone: (31.70) 352-0064
Direct: (31.70) 306-4831
Facsimile: (31.70) 350-2456
E-mail:
E-mail:
**
Washington, D.C. Office
701 Thirteenth Street, NW
Suite 600
Washington, DC20005
USA
Telephone: (202) 626-3602
Facsimile: (202) 639-9355
E-mail:
**
Worldwide
U.S.Mobile: (1)(202) 361-8601
Dutch Mobile: (31) (6) 5203 5547
E-mail:
Current private position:
Member, 20 Essex Street Chambers
Current public positions:
Judge, Iran-United States Claims Tribunal, The Hague (1983-1984 pursuant to Note to Article 13 of the Tribunal Rules; 1984-88 pursuant to Article 7(1) of the Tribunal Rules; 1988-2000 pursuant to Article 13(5) and Note to Article 13 of the Tribunal Rules; from 2001 pursuant to Article 7(1) of the Tribunal Rules)
Relevant awards, decisions, opinions, and orders reprinted in, inter alia, Volumes 6 et seq. of Iran-U.S. Cl. Trib. Rep.
Judge Ad Hoc, Inter-American Court of Human Rights (appointed by the Government of the Republic of Bolivia) (1999-)
Member, Register of Experts, United Nations Compensation Commission, Geneva (1991)
Member, Panels of Arbitrators and Conciliators, International Centre for Settlement of Investment Disputes (1998-)
Past private positions:
White & Case LLP
As associate (1961-69) and partner (1969) in New York City, partner (1973-84, 1988-2000) and Special Counsel (2001-February 28, 2005) in Washington, DC, handled litigation in federal and state courts throughout the United States, including jury trials, bench trials, and appeals, in a wide range of civil, administrative, and criminal proceedings, while specializing for 25 years in the handling of contentious disputes involving States or State entities before international courts, tribunals and commissions
Past public positions:
Member, Steering Committee on International Mass Claims, Permanent Court of Arbitration, The Hague (2000-) (see Howard M. Holtzmann & Edda Kristjánsdóttir (eds.), International Mass Claims Processes: Legal and Practical Perspectives (2007))
Alternate Member, North American Free Trade Agreement Advisory Committee on Private Commercial Disputes (1994-96)
Deputy Special Counsellor to the President of the United States (by leave of the President of the Iran-United States Claims Tribunal pursuant to Article 13(2) of the Tribunal Rules [see 14 Iran-U.S. Cl. Trib. Rep. 353-54; David M. Abshire, Saving the Reagan Presidency (2005)] (1987)
United States Department of State
Member, United States Secretary of State's Advisory Committee on Public International Law (1996-2006)
Acting Legal Adviser (1973) (chief lawyer of the Department and principal international lawyer for the United States Government)
Deputy Legal Adviser (1971-72)
Assistant Legal Adviser for European Affairs (1969-71)
During this service advised or headed various United States Delegations, including:
Chairman, Inter-Agency Task Force on the Law of the Sea (1973)
Member, Joint U.S.-U.S.S.R. Commercial Commission (1972-73)
Principal legal adviser to the United States Delegation negotiating the Quadripartite Agreement on Berlin (1970-72)
Head of the United States Delegation to the International Conference on Air Law (Montreal Sabotage Convention) (1971)
Principal legal adviser to the United States Delegation negotiating the Cooperation Agreement Between the United States and Spain (and Head of the United States Delegation negotiating the related Status of Forces Agreement) (1969-70)
Counsel, United States Section, International Joint Commission (United States and Canada) (1969-71)
Representations before the International Court of Justice:
Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion, 1999 I.C.J. 62.
Counsel and advocate for the Republic of Costa Rica (1998)
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United States of America), Provisional Measures, Order of 14 April 1992, 1992 I.C.J. 114.
Counsel and advocate for the United States (provisional measures phase) (1992)
Passage Through the Great Belt (Finlandv. Denmark), Provisional Measures, Order of 29 July 1991, 1991 I.C.J. 12.
Expert on United States law for the Kingdom of Denmark (not publicly listed)
Advice to other governments and parties of a confidential nature regarding the Court and proceedings before it
Representations before other international courts, tribunals, and commissions:
Apart from cases in arbitration under the rules of the American Arbitration Association, the International Chamber of Commerce International Court of Arbitration, the London Court of International Arbitration, the United Nations Commission on International Trade Law and other arbitral regimes (all of which assignments are confidential unless agreed otherwise), has acted as counsel in the following matters:
International Centre for Settlement of Investment Disputes:
Mondev International Ltd. v. United States of America
(Case No. ARB(AF)/99/2)
Available at <
Eudoro A. Olguín v. República del Paraguay (Case No. ARB/98/5)
Decision on Jurisdiction (August 8, 2000)
Award (July 26, 2001)
Available at: <
Víctor Pey Casado and President Allende Foundation v. Republic of Chile (Case No. ARB/98/2)
Československá obchodní banka, a.s. v. SlovakRepublic (Case No. ARB/97/4)
Decision on Objections to Jurisdiction, May 24, 1999, 14 ICSID Rev.—For. Inv. L.J. 251 (1999), 14 Mealey’sInt’l Arb. Rep. 21 (1999)
ICSID Tribunal Decision on Further and Partial Objection to Jurisdiction, December 1, 2000, 15 ICSID Rev.—For. Inv. L.J. 544 (2000)
Final Award, December 29, 2004, available at
Compañia del Desarrollo de Santa Elena, S.A. v.Republic of Costa Rica
(Case No. ARB/96/1)
ICSID Tribunal Final Award of February 17, 2000, 39 I.L.M. 1317 (2000), available at
Manufacturers Hanover Trust Company v.ArabRepublic of Egypt and General Authority for Investment and Free Zones (Case No. ARB/89/1)
Amco Asia Corp., Pan-American Development, Ltd. and P.T. Indonesia v.
Republic of Indonesia (Case No. ARB/81/1)
Jurisdictional decision of September 25, 1983, 23 I.L.M. 351 (1984)
Decision of December 9, 1983 Regarding Provisional Measures, 24 I.L.M. 365 (1985)
Award of November 20, 1984, 24 I.L.M. 1022 (1985) (excerpts)
Ad Hoc Committee Decision of May 16, 1986, 25 I.L.M. 1439 (1986)
Decision on Jurisdiction of May 10, 1988, 27 I.L.M. 1281 (1988)
Award of June 5, 1990 and Decision on Supplemental Decisions and Rectification of October 17, 1990, 5 Int’l Arb. Rep., No. 11, at Sec. D (Nov. 1990)
United Nations Compensation Commission, Geneva:
From 1992 to 2000 acted as counsel in approximately $2 billion of claims against Iraq presented on behalf of nationals or companies of the Bahamas, Bosnia-Herzegovina, Kuwait, Saudi Arabia, Turkey and the United States
Adjudicatory and arbitral assignments (other than Iran-United States Claims Tribunal):
In addition to sitting as co-arbitrator, chairman or sole arbitrator under the rules of the American Arbitration Association, the International Chamber of Commerce International Court of Arbitration, the Stockholm Chamber of Commerce, the London Court of International Arbitration, and the United Nations Commission on International Trade Law and other arbitral regimes (all of which assignments are confidential unless otherwise agreed), has sat in the following capacities:
Chevron Corporation (U.S.A.) and Texaco Petroleum Corporation (U.S.A.) v. The Republic of Ecuador(PCA Case No. AA277) (serving as co-arbitrator with Professor Albert Jan van den Berg, and (as President) Professor Karl-Heinz Böckstiegel) (2006 - )
Interim Award of the Tribunal (Dec. 1, 2008), available at
Piero Foresti, Ida Laura De Carli et al. v. Republic of South Africa (ICSID Case No. ARB(AF)/07/01) (serving as co-arbitrator with Joseph M. Matthews of Colson Hicks Eidson and (as President) Professor Vaughan Lowe, Chichele Professor of International Law, OxfordUniversity) (2007-)
Azpetrol International Holdings BV, et al v. Republic of Azerbaijan(ICSID Case No. ARB/06/15) (serving as co-arbitrator with Professor Christopher Greenwood CBE QC and (as President) Florentino P. Feliciano, formerly Justice of the Supreme Court of The Philippines and Chairman of the Appellate Body of the World Trade Organization) (2006-)
Oxus Gold plc v. The KyrgyzRepublic (LCIA Arbitration No. UN6825) (serving as co-arbitrator with Professor Pierre-Marie Dupuy of the European University Institute, Italy and (as President) Professor Francisco Orrego Vicuna of the University of Chile,formerly President of the World Bank Administrative Tribunal and formerly Chilean Ambassador to the United Kingdom) (2006-)
Hrvatska Elektroprivreda, d.d. v. The Republic ofSlovenia (ICSID Case No. ARB/05/24) (serving as co-arbitrator with Jan Paulsson, President of the World Bank Administrative Tribunal and President of the London Court of International Arbitration and (as President) David A.R. Williams QC, formerly Judge of the High Court of New Zealand)(2005-)
I&I Beheer v. BolivarianRepublic of Venezuela (ICSID Case No. ARB/05/04) (serving as co-arbitrator with Professor Pierre-Marie Dupuy of the European University Institute, Italy and (as President) Professor Karl-Heinz Böckstiegel,formerly President of the Iran-United States Claims Tribunal and President of the London Court of International Arbitration ) (2005-)
DaimlerChrysler Services A.G. v. ArgentineRepublic (ICSID Case No. ARB/05/01) (serving as co-arbitrator with Prof. Domingo Bello Janeiro of Spain and (as President) Professor Pierre-Marie Dupuy of the European University Institute, Italy) (2005-)
Vannessa Ventures Ltd. v. BolivarianRepublic of Venezuela (ICSID Case No. ARB(AF)/04/6) (serving as co-arbitrator with Brigitte Stern, Professor at the Université Paris I Panthéon-Sorbonne and member of the United Nations Administrative Tribunal and (as President) Robert Briner, former President of the Iran-U.S. Claims Tribunal and former Chairman of the International Chamber of Commerce International Court of Arbitration) (2004-)
Interbrew Central European Holding B.V. v. Republic of Slovenia (ICSID Case No. ARB/04/17) (served as co-arbitrator with Florentino P. Feliciano, formerly Justice of the Supreme Court of The Philippines and Chairman of the Appellate Body of the World Trade Organization, and (as President) Professor Francisco Orrego Vicuna of the University of Chile, formerly President of the World Bank Administrative Tribunal and Chilean Ambassador to the United Kingdom)(2004)
Telefónica S.A. v. ArgentineRepublic (ICSID Case No. ARB/03/20) (serving as co-arbitrator with Eduardo Siqueiros of Mexico and (as President) Giorgio Sacerdoti, member of the Appellate Body of the World Trade Organization and Professor of European and International Law at BocconiUniversity) (2004-)
ADC Affiliate Limited and ADC & ADMC Management Limited v. Republic of Hungary (ICSID Case No. ARB/03/16) (served as co-arbitrator with Dr. Albert Jan van den Berg, formerly Vice President of the London Court of International Arbitration and Professor of Law at Erasmus University, and (as President) Neil Kaplan QC, formerly Chairman of the Hong Kong International Arbitration Centre and President of the Chartered Institute of Arbitrators) (2004-06)
Award of the Tribunal (Oct. 2, 2006), available at
CDC Group plc v. Republic of the Seychelles (ICSID Case No. ARB/02/14) (Annulment Proceeding) (served as President with co-members of the ad hoc Committee Michael Hwang SC, Commissioner of the United Nations Compensation Commission and Vice Chairman of the International Council on Commercial Arbitration, and David A.R. Williams QC, formerly Judge of the High Court of New Zealand) (2004-05)
Decision on Whether or Not to Continue Stay and Order (July 14, 2004), available at
Decision of the ad hoc Committee on the Application for Annulment of the Republic of the Seychelles rendered on June 29, 2005
Occidental Exploration and Production Company v. Republic of Ecuador (LCIA Arbitration No. UN3467) (served as co-arbitrator with Dr. Patrick Barrera Sweeney of Ecuador and (as Presiding Arbitrator) Professor Francisco Orrego Vicuña of the University of Chile, formerly President of the World Bank Administrative Tribunal and Chilean Ambassador to the United Kingdom) (2002-2004)
Final Award (July 1, 2004), available at
Judgment of the Supreme Court of Judicature, Court of Appeal (Civil Division), [2005] EWCA Civ 1116, (Sept. 9, 2005), available at
Approved Judgment, High Court of Justice Queen’s Bench Division (Commercial Court), [2006] EWHC 345 (Comm), (Mar. 2, 2006), available at
Approved Judgment, Supreme Court of Judicature, Court of Appeal (Civil Division), [2007] EWCA Civ 656, (July 4, 2007), available at
Petition for leave to appeal refused, House of Lords (November 12, 2007), unreported. See Daily list of Decisions on Petitions to Appeal, available at
Siemens A.G. v. ArgentineRepublic (ICSID Case No. ARB/02/8) (served as co-arbitrator with Prof. Domingo Bello Janeiro of Spain and (as President) Dr. Andres Rigo Sureda, formerly Acting Vice President and General Counsel of the World Bank) (2002-2007)
Decision on Jurisdiction (August 3, 2004), available at
Award of the Tribunal, (Feb. 6, 2007), available at
Alimenta S.A.v. Republic of The Gambia(ICSID Case No. ARB/99/5) (served as President with co-arbitrators The Honorable Dr. Samuel K. B. Asante, formerly Deputy Attorney General and Solicitor General of the Republic of Ghana, and Kenneth S. Rokison QC, formerly Chairman of the Board of Directors of the London Court of International Arbitration) (1999-2001)
Judge Ad Hoc, Inter-American Court of Human Rights (Case No. 11.123 (Trujillo Oroza)) (1999-)
I/A Court H.R., Trujillo Oroza Case, Judgment of January 26, 2000. Series C No. 64
I/A Court H.R., Trujillo Oroza Case, Reparations (Art. 63.1 of the American Convention on Human Rights), Judgment of February 27, 2002. Series C No. 92
Tanzania Electric Supply Company Ltd. v. Independent Power Tanzania Ltd. (Case No. ARB/98/8) (served as co-arbitrator with The Honorable Andrew Rogers QC, formerly Chief Judge of the Commercial Division of the Supreme Court of New South Wales, and (as President) Kenneth S. Rokison QC, formerly Chairman of the Board of Directors of the London Court of International Arbitration) (1999-2001)
Award of the Tribunal (July 12, 2001)
Appendix A - Decision on the Respondent's Request for Provisional Measures
Appendix B - Decision on Preliminary Issues
Appendix C - Decision on Tariff and Other Remaining Issues
Appendix D - Decision on All Further Remaining Issues
Appendix E - Stipulation Regarding Disputes Concerning the Construction Contingency Account
Appendix F - Stipulation and Agreement
Available at:
<
Ethyl Corporation v. The Government of Canada (first NAFTA Chapter 11 investor-State dispute involving Canada) (UNCITRAL Rules arbitration in Toronto) (served as co-arbitrator with The Honorable Marc Lalonde, formerly Canadian Cabinet Minister, and (as Presiding Arbitrator) Professor Dr. Karl-Heinz Böckstiegel, formerly President of the Iran-United States Claims Tribunal andPresident of the London Court of International Arbitration) (1997-98)
Decision Regarding the Place of Arbitration, reprinted in 38 I.L.M. 708 (1999)
Award on Jurisdiction reprinted in 38 I.L.M. 708 (1999)
Note, 94 Am. J. Int’l. L. 159 (2000)
“Neutral Evaluator” appointed by North American Securities Administrators Association with sole authority to design and implement procedures to distribute to investors suffering “hardship” a $9 million “Reallocation Fund” created under settlement with Lloyd’s of London (1996-97)
Vacuum Salt Products Limited v. The Republic of Ghana (Case No. ARB/92/1) (first International Centre for Settlement of Investment Disputes arbitration ever dismissed for want of jurisdiction) (served as co-arbitrator, and as Acting President, with The Honorable Kamal Hossain, formerly Bangladeshi Cabinet Minister, and (as President) His Excellency Judge Sir Robert Y. Jennings, then President of the International Court of Justice) (1992-94)
Award reprinted in 9 ICSID Rev.—For. Inv. L.J. 71 (1994)
Expert opinion testimony:
RJR Nabisco Inc.(formerly R. J. Reynolds Industries, Inc.) and Consolidated Subsidiaries v. Commissioner of Internal Revenue, 76 T.C.M. (CCH) 71 (July 8, 1998)
(written and oral testimony in United States Tax Court as expert in public international law and international arbitral practice; based on this testimony the Court ruled in favor of taxpayer’s claim that $55,147,935 “level of inflation” granted in the Award in Kuwait v. Aminoil, 21 I.L.M. 977, was a capital gain on investment rather than ordinary “interest” income) (1996-98)
“Country X v. Company Q,” 22 Y.B. Com. Arb. 227 (1997)(excerpts)
(expert opinion on behalf of “Country X” on aspects of UNCITRAL Arbitration Rules relating to challenge of arbitrator; submitted to Appointing Authority serving pursuant to those Rules)
Mohajer-Shojaee v. Levine, et al. (1993)
(testified on deposition as expert on the Iran-United States Claims Tribunal engaged by insurance company defending Michigan state court legal malpractice suit brought by two United States-Iranian dual nationals whose claims had been dismissed by the Tribunal [25 Iran-U.S. Cl. Trib. Rep. 196, 273]; case voluntarily dismissed following this testimony)
Academic appointments and lectures:
John A. Ewald Distinguished Visiting Professor, University of Virginia School of Law (appointment offered and accepted to teach a regular schedule in international law in academic year 2001-02 but later withdrew due to reappointment to Iran-United States Claims Tribunal)
CambridgeUniversity, Visiting Fellow, Lauterpacht Research Centre for International Law and JesusCollege (2001, 2005)
University of Helsinki (one-week course on the Iran-United States Claims Tribunal) (1991)
The Hague Academy of International Law (one-week course on the Iran-United States Claims Tribunal) (1990)
Individual lectures have been given as follows:
YaleUniversitySchool of Law (2007)
Duke University School of Law (2007)
CityUniversity, Hong Kong (Fourteenth Goff Arbitration Lecture ) (see “Prizes and Honors,” infra) (2007)
University of Leiden, The Netherlands (2005)
HarvardLawSchool (2003)
University of Mississippi School of Law and Croft Institute for International Studies (1999)
University of Baltimore School of Law (1997)
The Fletcher School of Law and Diplomacy (Francis Adams Lecture) (1997)
Florida State University College of Law (Ball Chair Lecture) (1997)
Georgetown University Law School (1997)
George Washington University Law School (1997)
Lauterpacht Research Centre for International Law (University of Cambridge) (1996)
Villanova University School of Law (1996)
MaxPlanckInstitut für Ausländisches Öffentliches Recht und Völkerrecht,
Heidelberg, Germany (in German) (1986)
Listed in:
Top Arbitrators, in Focus Europe, American Lawyer, June 2007 (listed 4th on list of 22 “Top Arbitrators”)
Top Ten Arbitrators, in Focus Europe, American Lawyer, Summer 2005, at 25
Who’s Who in the World
Who’s Who in America
Who’s Who in Public International Law 2007
Guide to the World’s Leading Experts in Commercial Arbitration, Euromoney
Legal Media Group (1998, 2000, 2002, 2004, 2007)
Dispute Resolution, Global Counsel Handbooks, Practical Law Company (2004-2005, 2005-2006)
Who’s Who Legal, Law Business Research Limited (2003-2004, 2006, 2007, 2008)
“The Global Counsel Top 10 Arbitration Specialists,” PLC Global Counsel,
June 2002, Vol. VII, No. 5, pp. 19-23, Practical Law Company (2002)
(Listed as one of the top 10 international arbitration specialists in the world)
“The Best of the Best,” Euromoney Legal Media Group Guide (1999)
(Listed as one of four best international commercial arbitration experts in the United States and one of “The World’s Top Twenty Experts in Commercial Arbitration”)
“Leading Arbitrators,” Chambers Global Guide 2006, 2007
“Most in Demand Arbitrators,” Chambers Global 2008
(Listed as “generally seen as one of the best arbitrators around when it comes to foreign investment cases”)
Education:
HarvardCollege (B.A., cum laude) (1957)
Rheinische Friedrich-Wilhelms-Universität, Bonn, and Hochschule für Politik, Berlin
(Fulbright Scholarship) (1957-58)
HarvardLawSchool (J.D.) (1961)
ColumbiaUniversity, Parker School of Comparative and International Law (Certificate)
(1962)
Languages:
Dutch
English
French
German
Russian (very limited)
Prizes and honors:
“The Subject This Evening is Virtue,” in LCIA News Vol. 12 Issue 2 (July 2007) at 14
The Fourteenth Goff Arbitration Lecture, “W(h)ither International Commercial Arbitration,” delivered on January 16, 2007 at the Hong KongInternationalArbitrationCenter (co-sponsored by City University of Hong Kong and Freshfields)