Erica Stein

erica-stein

Erica Stein

National Partner

Brussels | 480 Avenue Louise, Box 13A, Brussels 1050
+32 2 535 5403 | +32 2 535 5400

Paris | 32 rue de Monceau, Paris 75008
+33 1 57 57 80 80 | +33 1 57 57 80 81

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Erica Stein focuses her practice on international arbitration, including both commercial and investment arbitration matters. Ms. Stein’s work focuses on disputes in the life sciences space, as well as disputes involving the interplay between arbitration and EU law, particularly in the investment treaty context. Ms. Stein also has particular expertise in issues relating to the enforcement of arbitral awards and agreements under the New York Convention.

Ms. Stein has also sat as arbitrator in numerous proceedings, having acted as Chair, Sole Arbitrator or co-arbitrator in proceedings conducted under the arbitration rules of the ICC, UNCITRAL, LCIA, CEPANI, the Danish Institute of Arbitration, and the German Institution of Arbitration. Ms. Stein is also on the list of arbitrators of several further arbitral institutions, including the Hong Kong International Arbitration Centre.

Ms. Stein is recognized as an expert for her broad work experience in all aspects of arbitral practice. Ms. Stein has been selected to The International Who’s Who – Arbitration every year since 2012, garnering praise for her “incisive and insightful comments” and “strategic acumen,” and because “she is very good at what she does.” Before becoming a partner, Ms. Stein was selected by clients and peers as a “Thought Leader” among practitioners under the age of 45, placing third among all non-partners for her excellence in the field of arbitration. She is also recommended by The Legal 500 EMEA 2018.

Ms. Stein has recently been selected to co-chair the annual arbitration workshop organized by the Institute for Transnational Arbitration of the Center for American and International Law to take place in June 2018.

Prior to joining Dechert, Ms. Stein worked for six years at the ICC International Court of Arbitration, before spending six years at the premier arbitration boutique in Belgium.

In addition to her arbitration practice, Ms. Stein has been appointed Vice President of the Standing Committee of the ICC International Centre for ADR, and the Vice President of the DIS Arbitration Council (German Arbitration Institute).

Experience
  • Colombian investors against a South American State in an ICSID arbitration arising from the operation of bus concessions in a public transportation system.
  • A European State against European investors in an UNCITRAL arbitration arising from changes in the regulatory framework for lotteries and gaming.
  • A European State against a European investor in an UNCITRAL arbitration arising from the privatization of a turnkey capital equipment supplier.
  • An American pharmaceutical company in a CPR arbitration arising out of a pricing dispute with its manufacturer.
  • Belgian investors in an ICSID arbitration against an African State arising out of the taking of companies involved in producing and marketing precious metals.
  • A European State against a European investor in an arbitration arising from the seizure of planes in bankruptcy proceedings.
  • A South American State against an American investor in an ICSID arbitration arising out of the State’s windfall profit levy on oil revenues. 

Includes matters handled at Dechert or prior to joining the firm.

Education
  • Brown University, B.A., 1997
  • Institut d’Études Politiques de Paris (Sciences Po), Certificat d’études politiques, 1996
  • The University of Texas School of Law, J.D., 2002
  • Humboldt-Universität zu Berlin, Zertifikat - Grundkentnisse im deutschen Recht, 2002
  • Universidad Torcuato Di Tella, Law Study, 2001
Admissions
  • Brussels
  • New York
Languages
  • English
  • French
  • Spanish
  • German
  • Dutch
Memberships
  • ICC Commission on Arbitration and ADR
  • LCIA European Users’ Council
  • CEPANI (Belgian Centre for Arbitration and Mediation)
  • International Council for Commercial Arbitration (ICCA)
  • ICC Task Force on Emergency Arbitrator Proceedings
Speaking Engagements
  • Issues Faced by Respondent States — 8th Investment Treaty Arbitration Conference, Prague (October 24, 2018)
  • Multiple Proceedings, Multiple Parties, and International Arbitration: What a Tangled Web We Weave — Dallas, TX (June 20, 2018)

National Partner, Erica Stein, co-chairs the 30th Annual ITA Workshop and Annual Meeting on Multiple Proceedings, Multiple Parties, and International Arbitration. 

For more information, visit The Center for American and International Law website.

  • 60 years New York Convention — DIS - Baltic Arbitration Days, Riga (June 14, 2018)
  • Stockholm GAR Live Conference — Stockholm (May 24,2018)
  • International Conference 60 Years of the New Convention — Sevilla (April 4, 2018)
  • Harvard International Law Journal — Cambridge, MA (March 6, 2018)
  • New York Convention: Unresolved Issues 60 Years On — New York (March 2, 2018)
  • ICC Prague Arbitration Day — Prague (February 26, 2018)
  • The Present and Near Future of New Technologies in Arbitration — CEA Conference, Brussels (February 23, 2018)
  • Investment Arbitration Masterclass Energy Charter Secretariat Training — Energy Charter Secretariat Training, Brussels (November 8, 2017)
  • 7th Investment Treaty Arbitration Conference — Prague (October 26, 2017)
  • Interim Measures in Investment Treaty Arbitration — Young ICCA, Prague (October 25, 2017)

National Partner Erica Stein speaks at the Young ICCA Skills Training Workshop on interim in investment treaty arbitration. 

For more information, visit the conference website

  • Proportionality in Investor-State Arbitration — Young ICSID, Paris (September 18, 2017)

National Partner Erica Stein speaks at the Young ICSID conference on the proportionality in investor-State arbitration. 

  • Negotiating and Drafting Efficient Escalation Clauses — 7th ICC International Mediation Conference, Paris (October 19, 2016)
  • Role & effects of Local Law and Court Decisions — 6th Investment Treaty Arbitration Conference, Prague (September 13, 2016)
  • The Role of the Arbitrator: Adjudicator, Truth Seeker, Mediator? — ICC YAF, Paris (June 2, 2016)

Erica Stein speaks at the ICC YAF conference on the Role of the Arbitrator: Adjudicator, Truth Seeker, Mediator?

For more information, visit the conference website

  • Procedural and substantial concerns in litigating investment disputes under the ECT — Energy Charter Roundtable: Investment Arbitration Under The Energy Charter Treaty: Reflections On Its Role And Its Modernization, Brussels (October 15, 2015)

Erica Stein speaks at a roundtable on Procedural and substantial concerns in litigating investment disputes under the ETC. The discussion addresses implications for intra-EU investment disputes under the Energy Charter Treaty which arise from the proceedings brought by the EU Commission against EU member States within relation to intra-EU Bilateral Investment Treaties. .

  • Commercial Arbitration Involving States, Perfectly Normal and Normally Perfect — ICC YAF, Amsterdam (October 13, 2015)

Erica Stein speaks at the ICC YAF conference on Commercial arbitration involving states. Arbitration specialists focus on the specific theoretical and practical issues that arise when state parties are involved in commercial arbitrations. In a series of interactive sessions, speakers and participants debate and cast their vote on a range of controversial matters. 

For more information, visit the conference website

  • The Role of Dispute Mechanisms in Redressing Power Imbalances – Tools for Mediators and Arbitrators - Power Imbalances in International Dispute Resolution — DIS Conference, Berlin (September 23, 2015)

Erica Stein speaks at the panel on "The Role of Dispute Mechanisms in Redressing Power Imbalances - Tools for Mediators and Arbitrators." 

  • Arbitration's Got Talent — 5th ICC YAF Global Conference, London (June 26, 2015)

Erica Stein is a member of the jury of the "Arbitration's Got Talent" panel. A fun and interactive session that features a group of young arbitration practitioners competing before a world-class jury and the audience with their talent as arbitration advocates and "otherwise." 

  • Getting your Awards Enforced, the Party's Perspective — ICC Seminar, Sofia (June 1, 2015)
  • Appointment of arbitrators: parties v arbitral institutions — CEPANI 40 debate evening, Brussels (May 5, 2015)

During this new dynamic debate formula,they have the pleasure of welcoming Erica Stein. The speakers first outline all arguments supporting their respective position on the topic of the debate to get as many of the participants in their camp. All participants are subsequently encouraged to try to challenge the other camp's position by asking questions and to reinforce the own camp's position by raising comments and additional arguments.A final vote at the end of the debate decides the participants' prevalent position. The topic leaves ample room for debate since the appointment of arbitrators and, more particularly the question who should be given exclusive responsibility in that respect, explores the boundaries of fundamental principles of arbitration such as party autonomy, the independence and impartiality of arbitrators, the role of arbitral institutions, etc.

  • EU law and investment treaty law: convergence, conflict, or conversation? — Inaugural Conference of EFILA, London (January 23, 2015)

Erica Stein discusses at the panel on the Future Investment Policy Making and Its Expected Effects. 

  • Controlling Time and Costs in Arbitration — Effective Management of Arbitration Seminar, Brussels (September 30, 2014)
  • ICCA New York Convention Roadshow in Cooperation with the Ethiopian Ministry of Foreign Affairs — ICCA and the Ethiopian Ministry of Foreign Affairs, Addis Ababa, Ethiopia (September 23, 2014)

In this conference, Erica Stein speaks at different panels; Introduction to Arbitration; The Arbitration Agreement; Arbitral Proceedings; Investment Arbitration; Overview of the New York Convention (NYC); New York Convention; article-by-article analysis; Advantages of Acceding the NYC; and closing remarks. 

  • Expert Proceedings – A convenient dispute resolution method or just extra hassle? —The Swedish Arbitration Association, Stockholm (September 5, 2014)

In this panel, Erica Stein discusses a number of topics relating to expert proceedings, including; What are expert meetings?; In what situations/fields do expert proceedings add value, and in what situations do they not?; Administered or ad hoc expert proceedings?; When should parties opt for expert determination resulting in a contractually binding result versus expert proceedings with a non-binding result?; Jurisdiction and competence-competence of the expert; Should the expert have the power to decide which party should ultimately bear the cost of the expert determination?; The enforceability of the result of an expert determination; .The interplay with subsequent/concurrent arbitration proceedings; .The scope of the expert determination versus the scope of the arbitration clause; .and Expert determination in the form of arbitration proceedings?