Michael Nolan

Principal areas of practice: Commercial contracts; Concession agreements and other government contracts; International investment law and investor-State dispute settlement; Energy, infrastructure and mining; Satellites and telecommunications; Intellectual property and licensing: Hospitality and gaming Shareholder, joint venture and partnership matters; Corporate transactions, including M&A; Financings and securities.

Experience

Mr. Nolan’s arbitrations have involved many countries and legal systems on six continents. In addition to being an arbitration specialist, Mr. Nolan is a widely experienced litigator who regularly served while at Milbank as lead counsel for significant matters in U.S. state and federal trial and appellate courts and also handled adversarial aspects of bankruptcies and financial restructurings. Given the trans-national focus of his practice, Mr. Nolan has had overall responsibility for, and worked with locally qualified co-counsel on, national court and administrative proceedings in countries other than the United States, including Bermuda, the Federative Republic of Brazil, Canada, the People’s Republic of China, the French Republic, the Federal Republic of Germany, the United Mexican States, Mongolia, the Netherlands, the Republic of Peru, the Philippines, the Russian Federation, the Republic of Singapore, the Swiss Confederation, the Republic of Turkey, Ukraine, and the Bolivarian Republic of Venezuela.

Work History

Arbitration Chambers, Independent Arbitrator (July 2021 – present); Milbank LLP, Partner in New York and Washington, DC (1998 – June 2021); Milbank LLP, Associate in New York (1996 – 1998); Cravath, Swaine & Moore LLP, Associate in New York (1991 – 1995)

Cases

Recent representative appointments as arbitrator include the following: Co-arbitrator in Astronergy Solar Netherlands B.V. v. Republic of Bulgaria. ICSID Case No. ARB/22/32. Co-arbitrator in GMS Ventures and Investment Holdings Co. LLC/Jordan (Exempt) and GMS Ventures and Investments Holdings Company – Jordan (Free Zones) v. Republic of Iraq. ICSID Case No. ARB/22/8. Co-arbitrator in LCIA arbitration seated in London relating to manufacture and distribution of vaccine in India in alleged violation of English law-governed license agreement and U.S. patents. Co-arbitrator in ICC arbitration seated in New York between Chinese-owned company and South American company relating to energy project in South America. Co-arbitrator in ACICA arbitration seated in Perth involving defense system construction and services. Co-arbitrator in multiple ICDR arbitrations seated in Arlington, Virginia brought by regional sub-contractors against U.S. government contractor for logistics support to augment U.S. military forces in Middle East. Co-arbitrator in HKIAC arbitration seated in Hong Kong involving alleged breach of shareholders\" agreement for operation of post-secondary education programs in China. Emergency arbitrator in ICDR arbitration seated in New York involving temporary relief sought in connection with hospitality industry dispute regarding the termination of a management services agreement. Sole arbitrator in AAA arbitration seated in New York regarding alleged breaches of services agreement between prominent sports star and his talent agency. President of ad hoc Committee in annulment proceeding in Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic. ICSID Case No. ARB/17/14. President of ad hoc Committee in annulment proceeding in Ecodevelopment in Europe AB and EcoEnergy Africa AB v. United Republic of Tanzania. ICSID Case No. ARB/17/33. Member of ad hoc Committee in annulment proceeding in Cyprus Popular Bank Public Co. Ltd. v. Hellenic Republic. ICSID Case No. ARB/14/16. President of ad hoc Committee in annulment proceeding in Mera Investment Fund Limited v. Republic of Serbia. ICSID Case No. ARB/17/2. Member of ad hoc Committee in annulment proceeding in Magyar Farming v. Hungary. ICSID Case No. ARB/17/27. Member of ad hoc Committee in annulment proceeding in Alghanim v. Jordan. ICSID Case No. ARB/13/38. Appointments as Mediator: Mediated dispute between aerostructures manufacturer and subcontracted manufacturer of major components for commercial airliner program. Mediated claims of age discrimination and retaliation by physician against hospital.

Training

See www.arbchambers.com

License(s)

New York (1992); District of Columbia (1992)

Education

University of Chicago Law School, J.D. 1991 Harvard University, B.A. 1988

Publications

See www.arbchambers.com

Awards

Chambers, Who\"s Who Legal, Euromoney and other legal directories consistently have recognized Mr. Nolan as a leading international arbitration specialist. Chambers has described him as a “Superb lawyer ... really knows the world of arbitration”. He was named by Benchmark Litigation as “International Arbitration Lawyer of the Year” in each of 2018 and 2019 and as “Lawyer of the Year” for “International Arbitration — Government” by Best Lawyers in America in 2020.

Panels

American Arbitration Association / International Centre for Dispute Resolution (AAA/ICDR) (Commercial, International and Large Complex Case lists); International Centre for Settlement of Investment Disputes (ICSID); Australian Centre for International Commercial Arbitration (ACICA); British Virgin Islands International Arbitration Centre (BVI IAC); List of Candidates Suitable for Appointment as Chairpersons for Arbitrations and TSD Expert Panel Proceedings under EU’s Trade Agreements with Third Countries.

Associations

Fellow, Chartered Institute of Arbitrators (FCIArb); Member, International Advisory Committee, American Arbitration Association (2016-2021); Director and Audit Committee Member, American Arbitration Association (2010-2016); Director, New York City International Arbitration Center (NYIAC) (2013-2021); Member, Users Council, Singapore International Arbitration Centre; Overseas Affiliate, COMBAR, association of English and Welsh commercial barristers

Miscellaneous

Teaching: Georgetown University Law Center, Adjunct Professor (2001 – present); American University Washington College of Law, Adjunct Professor (2021 – 2022). From 2011 through 2019, while a Milbank partner, Mr. Nolan was the outside General Counsel of the Intellectual Property Owners Association, a Washington, DC-based, worldwide trade association of about 200 companies from many industries and fields of technology.