Independent Arbitrator and PIL Practitioner

155 Glebe Avenue

Ottawa, ON K1S 2C4

Nationality: United States

jks@jeremyksharpe.com

Georgetown University Law Center, Washington, DC, Adjunct Professor, 2010-2015

White & Case LLP, Associate, International Arbitration Group, Washington, DC, 11/2003-1/2007

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Cases + Advisory

 Arbitrator

Alexander Nelin v. Republic of Cyprus, ICSID Case No. ARB/18/41, president

 Expert

B-Mex, LLC et al. v. United Mexican States, ICSID Case No. ARB(AF)/16/3, tribunal-appointed expert

on privilege issues

 Counsel

Rasia FZE and J. Borkowski v. Armenia—represented claimants in an ICSID arbitration under the

Armenia-United States bilateral investment treaty and two concession agreements concerning a

railway and high-speed roadway

Hela Schwartz GmbH v. People’s Republic of China—represented the respondent in an ICSID

arbitration under the PRC-Germany bilateral investment treaty concerning real property

Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines, represented the

respondent in an ICSID arbitration under the Germany-Philippines bilateral investment treaty

concerning construction of an airport terminal

EDF (Services) Limited v. Romania—represented the respondent in an ICSID arbitration under the

Romania-United Kingdom bilateral investment treaty concerning airport services

CANACAR et al. v. United States—represented the respondent in an UNCITRAL arbitration under

NAFTA Chapter Eleven concerning transportation services

Stanford Ponzi Scheme Victims v. United States—represented the respondent in UNCITRAL

arbitrations under NAFTA Chapter Eleven, CAFTA-DR Chapter Ten, U.S.-Peru Trade Promotion

Agreement Chapter Ten, U.S.-Chile Free Trade Agreement Chapter Ten, and U.S.-Uruguay Bilateral

Investment Treaty concerning investment services

Apotex Holdings Inc. and Apotex Inc. v. United States—represented the respondent in an

UNCITRAL arbitration under NAFTA Chapter Eleven concerning importation of pharmaceuticals

Apotex Inc. v. United States (Claims 1-2)—represented the respondent in an UNCITRAL arbitration

under NAFTA Chapter Eleven concerning pharmaceutical applications

Represented the United States as non-disputing treaty party in:

Represented the Republic of the Philippines in an ICC arbitration in Singapore concerning an airport

terminal

Represented a consortium of Areva and Siemens in a €6.1 billion ICC arbitration in Stockholm against

a Finnish utility concerning the construction of a nuclear power plant in Finland

Represented a Middle East/North African joint venture in ICC proceedings against Japanese and

Korean companies over the construction of a fertilizer plant in North Africa

Represented an Italian company in an SCAI arbitration in Paris against two German companies

concerning representations during an M&A transaction

Advising the UK Government on international trade and investment law

Advising the United Nations Commission on International Trade Law (UNCITRAL) Secretariat on

ISDS reform

Advised on the negotiation of U.S. international investment agreements, including:

Advised on the Obama Administration’s review of the U.S. model bilateral investment treaty

Advised on an agreement with a Central American State to mediate legacy expropriation claims of

U.S. nationals and to arbitrate the remaining claims

Advised on the negotiation, entry into force, and implementation of the United States’ $400 million

Advised the U.S. government on the negotiation, entry into force, and implementation of the U.S.-

Advised a UK company on a negotiation and enforcement strategy for an investment treaty award

Advised a South American State on its model bilateral investment treaty

Advised a Middle Eastern State on the negotiation of a bilateral investment treaty with a North

American State

Advised an Eastern European State on two pre-arbitration investment disputes

Advised a Middle Eastern State on treaty negotiations for an international infrastructure project

Advised U.S. investors on the expropriation of investments by a Central American State

Advised a U.S. dual-national investor on the settlement of claims for expropriation of real estate and

electricity-generation facilities by a Central American State

Advised an Asian State on investment treaty policy and coordination of its defense in international

investment disputes

Advised an Asia-Pacific State on coordination of its defense in international investment disputes

Advised a Middle Eastern State on coordination of its defense in international investment disputes

 Book Chapters

“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., forthcoming 2022).

“The Multiple Roles of States and International Organizations,” in Research Handbook on

International Claims Commissions (C. Giorgetti, H. Ruiz Fabri, & P. Pearsall eds., Elgar, forthcoming

2021)

“Adverse Inferences,” in Handbook on Evidence in International Commercial Arbitration (F. Ferrari

& F. Rosenfeld eds., forthcoming 2021)

“Negotiating from a Model Bilateral Investment Treaty,” in International Arbitration Institute (IAI)

“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, 3rd rev. ed. 2014, 2nd rev. ed. 2008; 1st ed. 2004) (with Charles N.

Brower)

“United States,” in Commentaries on International Investment Agreements (C. Brown ed., Oxford,

2013) (with Lee M. Caplan)

“The 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

“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)

Tribunal,” Proceedings of the 111th Annual Meeting of the American Society of International Law

“Practising Virtue: Inside International Arbitration” (Caron et al. eds.), book review, 32 Arbitration

“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)

Obligations,” and “Importing Standards Through MFN,” and the “State’s Role in Treaty

Interpretation” (faculty), Investment Arbitration for Government Officials, Executive Training

“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)

Sciences Po Law School, Paris, France (November 24, 2017)

agreement or drafting/amending domestic legislation” (faculty), 4th International Conference for a