A focus on

international dispute

resolution

ABOUT
Dr. Claudia Annacker is an independent arbitrator and counsel, specializing in international arbitration and public international law, in particular investor-State disputes, inter-State disputes, disputes involving international organizations, and human rights cases. Dr. Annacker has 25 years of experience in international dispute settlement. Prior to January 2024, she was a partner at Dechert and prior thereto Cleary Gottlieb. She has represented sovereign and private parties in more than 50 investment arbitrations, in commercial and inter-State arbitrations and before the European Court of Human Rights. She has routinely advised on a wide range of public international law issues, including the law of treaties, State responsibility, international privileges and immunities, international trade law, and State succession. She has also served as an arbitrator in investment treaty and commercial arbitrations.

Dr. Claudia Annacker is a member of several arbitrator panels, including the ICSID Panel of Arbitrators and the SIAC Panel of Arbitrators. She serves on the Court of Arbitration of the Singapore International Arbitration Centre and the Board of the Vienna International Arbitral Centre (President of the Investment Arbitration Committee).
Dr. Claudia Annacker is recognized as a leading expert in international arbitration by Chambers and The Legal 500, described as “a go to person for sovereign states and global companies for investor-State disputes,” “a brilliant arbitration lawyer who has profound knowledge and expertise in handling complex international arbitration cases,” “an investment treaty specialist with phenomenal reputation … profound practical experience and high academic knowledge of international treaty disputes,” “strategy maestro with a unique and impressive presence in the court room” and “highly respected by tribunals and opposing counsel.” She is also noted for her “second-to-none knowledge of theory of international law and arbitration practice.” The Legal 500 EMEA lists her in the “Hall of Fame.” Benchmark Litigation selected her as a “Litigation Star” and named her “Lawyer of the Year France” (2019).

Dr. Claudia Annacker holds a PhD and venia docendi (habilitation) in public international law. She is an adjunct professor at the University of Vienna, where she teaches advanced research seminars in public international law and supervises PhD theses. She has also been a visiting professor at the Paris Ouest Nanterre La Défense University and regularly teaches at other leading universities.
Claudia Annacker - Intl Disputes - experte in international disputes - Dr. Claudia Annacker
Claudia Annacker
representative
matters
Tables

Arbitrator

Counsel

Mentions
— Member of an Annulment Committee in ICSID Case No. ARB/18/8, Rand Investments and others v. Republic of Serbia.

— Co-arbitrator of an ICC arbitral tribunal seated in Zurich, Switzerland, between Austrian and Italian companies concerning a dispute arising from 
a joint-venture agreement for the construction of a tunnel.

— Member of an Annulment Committee in ICSID Case No. ARB/10/18, 
Niko Resources (Bangladesh) Ltd. v. Bangladesh Oil Gas and Mineral Company (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (Bapex), relating to gas supplies.
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— Presiding arbitrator in ICSID Case No. ARB/20/30, between a Lithuanian investor and the Kingdom of Denmark under the Denmark-Lithuania bilateral investment treaty, relating to riots on a construction site.
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— Presiding arbitrator in ICSID Case No. ARB/16/30, between a Turkish construction company and the Republic of Turkmenistan under the Turkmenistan-Turkey bilateral investment treaty, relating to the construction of a shopping and trade center.
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— Presiding arbitrator of an ICC arbitral tribunal seated in Paris, France, between a Polish company and a Korean company concerning a dispute arising from an agreement for the sale and purchase of helicopters.

— Sole arbitrator in an ICC arbitration seated in Miami, United States, between a Panama company and a US company, relating to an exclusive distribution agreement

— Sole arbitrator in an ICC arbitration seated in Paris, France, between an Italian company and a Montenegrin company, relating to the privatization of a steel production company
Investment Arbitration
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— Georgia in an ICSID arbitration under the Georgia-Azerbaijan bilateral investment treaty, relating to the acquisition of a Georgian telecommunications company (ICSID Case No. ARB/20/44).

— The Hellenic Republic in ICSID annulment proceedings arising from an arbitration under the Hellenic Republic-Lebanon bilateral investment treaty, relating to investments in a shipyard (ICSID Case No. ARB/16/20).

— The Arab Republic of Egypt in an ICSID arbitration under the Egypt-Kuwait bilateral investment treaty, relating to agricultural and urban development projects in the Egyptian desert (ICSID Case No. ARB/18/31).

— The Hellenic Republic in an ICSID arbitration under the Cyprus-Hellenic Republic bilateral investment treaty, relating to measures taken to address the Hellenic Republic’s financial and sovereign debt crisis (ICSID Case No. ARB/17/4).

— The Republic of Côte d’Ivoire in an ICSID arbitration under a concession contract for waste management services in Abidjan (ICSID Case No. ARB/17/48).

— The Republic of Austria in an ICSID arbitration under the Austria-Malta bilateral investment treaty, relating to regulatory measures taken against a bank and its management (ICSID Case No. ARB/15/32).

— The Hellenic Republic in an ICSID arbitration under the Cyprus-Hellenic Republic bilateral investment treaty relating to measures taken to address the Hellenic Republic’s financial and sovereign debt crisis and ensuing annulment proceedings (ICSID Case No. ARB/14/16).

— The Hellenic Republic in an ICSID arbitration under the Slovak Republic-Hellenic Republic and the Cyprus-Hellenic Republic bilateral investment treaties, relating to sovereign bonds (ICSID Case No. ARB/13/8).

— The Arab Republic of Egypt in an ICSID arbitration under the Spain-Egypt bilateral investment treaty, relating to an investment in an LNG plant and ensuing annulment proceedings (ICSID Case No. ARB/14/4).

— The French Republic in an ICSID arbitration under the French Republic-Turkey bilateral investment treaty, relating to IP rights (ICSID Case No. ARB/13/22).

— DP World in an ICSID arbitration under a port concession agreement and the UK-Peru bilateral investment treaty, relating to the development and operation of the South Pier of Callao (ICSID Case No. ARB/11/21).

— The Arab Republic of Egypt in an ICSID arbitration under the US-Egypt bilateral investment treaty, relating to the development of a tourist resort (ICSID Case No. ARB/09/15).

— E.T.I. Euro Telecom International N.V. in an ICSID arbitration under the Netherlands-Bolivia bilateral investment treaty, relating to the nationalization of a telecommunications company (ICSID Case No. ARB/07/28).

— The Argentine Republic in an ICSID arbitration under the Italy-Argentina bilateral investment treaty, relating to sovereign bonds (ICSID Case No. ARB/07/8).

— The Argentine Republic in an ICSID arbitration under the Italy-Argentina bilateral investment treaty, relating to sovereign bonds (ICSID Case No. ARB/07/5).

— The Republic of Slovenia in an ICSID arbitration under the Netherlands-Slovenia bilateral investment treaty, relating to the acquisition of a stake in a brewer company (ICSID Case No. ARB/04/17).

— A European State in 12 treaty-based UNCITRAL arbitrations, relating to real estate investments.

— An Italian bank in an UNCITRAL arbitration under domestic investment legislation, relating to promissory notes issued by the respondent State’s Central Bank.

— Georgia in an UNCITRAL arbitration under the Energy Charter Treaty, relating to the termination of a production sharing contract.

— Georgia in an UNCITRAL arbitration under the US-Georgia bilateral investment treaty, relating to a real estate project.

— The Republic of Tatarstan and its Ministry of Land and Property Relations in an UNCITRAL arbitration under the Russia-Ukraine bilateral investment treaty, relating to an investment in a refinery.

— OAO Gazprom in an UNCITRAL arbitration under the Russia-Lithuania bilateral investment treaty, relating to the forced divestiture of gas transmission operations and assets.

— OJSC Tatneft in an UNCITRAL arbitration under the Russia-Ukraine bilateral investment treaty, relating to an investment in a refinery, and ensuing annulment and enforcement proceedings.

— The Russian Federation in three parallel UNCITRAL arbitrations under the Energy Charter Treaty, relating to Yukos Oil Company’s liquidation, and ensuing annulment proceedings before the Hague District Court.

— E.T.I. Euro Telecom N.V. in an UNCITRAL arbitration under the Netherlands-Bolivia bilateral investment treaty, relating to the nationalization of a telecommunications company.

— A Dutch company in an UNCITRAL arbitration against an Eastern European State under the Netherlands-Czech and Slovak Federal Republic bilateral investment treaty, relating to real estate investments.

— Adria Beteiligungs GmbH in an UNCITRAL arbitration under the Austria-Croatia bilateral investment treaty, relating to a gaming concession agreement.

— A European State in an ICC arbitration under a bilateral investment treaty, relating to regulatory measures taken against a bank and its management.

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COMMERCIAL Arbitration

— Électricité de France (EDF) in an ICC arbitration initiated by the Federal State of Baden-Württemberg, through a special purpose company, which had acquired EDF’s shareholding in the German energy company Energie Baden-Württemberg AG (EnBW).

— Asahi Glass in an ICC arbitration seated in Zurich, Switzerland, relating to a joint venture and technology dispute with Schott Glass.

— A Czech steel company in an ICC arbitration seated in Vienna, Austria, relating to a letter of credit issued under a contract for the construction of a steel mill.

— The Republic of Iraq in a VIAC arbitration, relating to financial sanctions imposed by the UN Security Council on the Saddam Hussein regime.

— A Russian oil and gas company in an AAA arbitration, relating to the sale of an interest in a Russian company formed to develop an oil field in the Orenburg region.

— Russian oil and gas companies in an AAA arbitration, relating to the ownership of oil and gas exploration and production assets.

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Inter-State and Other Public International Disputes
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— The Republic of Iraq in an ICC arbitration against the Republic of Turkey under intergovernmental agreements governing the operation of transnational oil pipelines and related facilities.

— Japan in proceedings commenced by Australia and New Zealand, first before the International Tribunal for the Law of the Sea and then before a tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea, relating to international fishing rights.

— The Bank for International Settlements in proceedings before the standing arbitral tribunal established pursuant to the 1930 Hague Agreement regarding the Complete and Final Settlement of the Question of Reparations, commenced by the Bank’s former private shareholders seeking additional compensation for the mandatory redemption of their shares.

— The Republic of Slovenia in Chamber and Grand Chamber proceedings initiated by Croatian nationals before the European Court of Human Rights, relating to liabilities arising out of the former Socialist Republic of Yugoslavia’s guarantee for foreign-currency deposits.

— The Republic of Slovenia in Chamber and Grand Chamber proceedings initiated by Bosnian nationals before the European Court of Human Rights, relating to liabilities arising out of the former Socialist Republic of Yugoslavia’s guarantee for foreign-currency deposits.

— The Republic of Slovenia in UK High Court proceedings (AY Bank Ltd. (in liquidation) and Bosnia and Herzegovina and Others) concerning State succession issues.
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ADVICE
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— Advice to an Eastern European State on remedies for breach of the Central European Free Trade Agreement.

— Advice on the (re)structuring of investments to benefit from, or improve, investment treaty protections.

— Advice to a Middle Eastern State on the drafting of a model bilateral investment treaty.

— Advice to a UK company on investment treaty claims against an Eastern European State relating to real estate investments.

— Advice to financial investors on investment treaty claims against an Eastern European State relating to investments in a bank.

— Advice on the establishment of a European financial intergovernmental organization.

— Advice on the merger of two international organizations.
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— Advice on the reorganization of a European telecommunications satellite organization.

— Advice on the validity and legality under public international law of decisions by the United Nations Interim Administration mission in Kosovo (UNMIK).

— Advice on the reorganization of a treaty-based corporation.

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PROFESSIONAL
ACTIVITIES

Arbitration Panels

— International Centre for Settlement of Investment Disputes (ICSID)

— Asian International Arbitration Centre (AIAC)

— BVI International Arbitration Centre (BVI IAC)

— Mauritius International Arbitration Centre (MIAC)

— Oman Commercial Arbitration Centre (OAC)

— Singapore International Arbitration Centre (SIAC)

— European Commission Pool of Individuals Suitable for Appointment as Arbitrators in Bilateral Disputes under EU Trade Agreements

— List of Arbitrators Nominated by the European Union under the EU-Kazakhstan Enhanced Partnership and Cooperation Agreement
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Publications

Books and Book Chapters

Articles

— Articles 13 to 15 of the ILC’s Articles on Responsibility of States for Internationally Wrongful Acts (with E. Horváth), in: Commentary on General International Law in International Investment Law, M. Waibel/A. Kulick (eds) Oxford University Press (2024).

— Evolution of International Investment Law in Treaty Making and Arbitral Practice: Comment from Counsel’s Perspective, in: Evolution, Evaluation and Future, Developments in International Investment Law, Proceedings of the 10 Year Anniversary Conference of the International Investment Law Centre Cologne, St. Hobe/J. Scheu (eds) (2021).

— Issues relating to Challenging and Enforcing Arbitration Awards – ICSID Awards (with L. Achtouk-Spivak, Z. Baraoui), in: The Guide to Challenging and Enforcing Arbitration Awards, J. William Rowley/E. Gaillard/Gordon E. Kaiser (eds) (2019).

— Der fehlerhafte Rechtsakt im Gemeinschafts- und Unionsrecht (Defective Legal Acts In EU Law) (1999), Vienna/New York.

— Die Durchsetzung von erga omnes Verpflichtungen vor dem Internationalen Gerichtshof (The Enforcement of Erga Omnes Obligations before the International Court of Justice) (1994) Hamburg.
— Fragmentation and Integration in International Investment Law: Plus Ça Change, ICSID Review – Foreign Investment Law Journal (2023).

— 2021 Vienna Investment Arbitration Rules, Austrian Yearbook on International Arbitration (2022).

— 2021 Vienna Investment Arbitration Rules, Ecolex (2021).

— Role of Investor’s Legitimate Expectations’ In Defense of Investment Treaty Claims, Yearbook on International Investment Law & Policy, 2013-2014 (2015).

— Investment Treaty Arbitration as a Tool to “Enforce” Arbitral Awards?, The European, Middle Eastern and African Arbitration Review (2015).

— Protection of Sovereign Wealth (book review), ICSID Review – Foreign Investment Law Journal Vol. 29(1) (2014).

— Protection and Admission of Sovereign Investment under Investment Treaties, Chinese Journal of International Law, Vol. 10 (2011).

— How Bilateral Investment Treaties Can Protect Foreign Investors in the Arab World or Arab Investors Abroad, Journal of International Arbitration, Vol. 25(2) (2008).

— State Succession and the Liquidation of a UK Licensed Bank, Banker’s Law, Vol. 1(4) (2007).

— How Better Investment Treaties May Help China Investors, International Financial Law Review (2006).

— State Immunity and Arbitration, ICC International Court of Arbitration Bulletin, Vol. 15, N° 2 (2004).

— How Bilateral Investment Treaties Can Protect Japanese Investors, Journal of the Japanese Institute of International Business Law (2004).

— Free Movement of Goods and the Protection of Trademarks – Current Issues concerning Repackaging, Relabelling and Rebranding in EC Law, The Journal of World Intellectual Property, Vol. 5 (2002).

— Die Rechtswirkungen von Sicherheitsratsresolutionen im österreichischen Recht, (The Legal Effects of UN Security Council Resolutions in Austrian Law) Juristische Blätter (1995).

— Die Inexistenz als Angriffs- und Verteidigungsmittel vor dem EuGH und EuG, (The Inexistence as Means of Attack and Defense in Proceedings before the CJEU and the General Court) Europäische Zeitschrift für Wirtschaftsrecht, Vol. 2 (1995).

— Part Two of the International Law Commission’s Draft Articles on State Responsibility, German Yearbook of International Law, Vol. 37 (1994).

— The Legal Regime of Erga Omnes Obligations in International Law, Austrian Journal of Public International Law, Vol. 46, N°2 (1994).

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Conferences

— Experiences and Insights from Emergency Arbitrations involving Sovereign States, SCC Conference, Frankfurt, June 14, 2024.

— Sunset Clauses in Bilateral Investment Treaties, Inaugural NLSIU-SIAC Annual Arbitration Lecture, National Law School of India University, Bangalore, April 19, 2024.

— A Deep Dive into Reducing Duration and Costs in Investment Arbitration, UNCITRAL Working Group III side event organized by ICSID and VIAC, Vienna, January 23, 2024.

— Tax-Related Measures in Investor-State Arbitration, British Institute of International and Comparative Law, London, December 7, 2023.

— Jurisdictional Troubles – Arbitrating with States and State Entities, GAR Live Berlin, Berlin, September 12, 2023.

— The Next Generation of Disputes in International Arbitration, 2023 SIAC Symposium, Singapore, August 28, 2023.

— Investment Arbitration Update, Baltic Arbitration Days, Riga, June 12, 2023.

— Artificial Intelligence – Hope or Hype for Dispute Resolution, 2023 London International Disputes Week, London, May 17, 2023.

— Lecture on Investment Arbitration: Status and Trends, 64. DACH Tagung, Paris, May 13, 2023.

— Investment Protection in the European Union: Arbitration and its Alternatives, Paris, March 30, 2023.

— ESG in Investment Arbitration: Status and Trends, Swiss Arbitration Association Conference, Zurich, February 3, 2023.

— MIAS Latin America Investor-State Arbitration Conference, Debate on Dual Nationals in Investment Arbitration, Miami, October 30, 2022.

— Fragmentation and Integration in International Investment Law: Plus Ça Change, Keynote Speech, 12th Prague Investment Treaty Arbitration Conference, Prague, October 20, 2022.

— The Notion of Provisional Measures, Georgian International Arbitration Days, Tbilisi, October 12, 2022.

— International Investment Law and Sovereign Immunity, lecture, ELSA Athens Summer School on International Investment Law, Athens, July 29, 2022. 

— State Succession to USSR BITs, Baltic Arbitration Days, Riga, June 12, 2022.

— GAR Live BITs Conference, co-chair, London, June 8, 2022.

— Investment Arbitration at the Crossroads of Civil and Common law, Keynote Speech, Harvard International Arbitration Conference, April 1, 2022.

— Shareholder and Corporate Claims in Investment Arbitration, Vienna Arbitration Days, virtual, February 25, 2022.

— Embracing the new normal in investor-State dispute settlement, Nigerian Chartered Institute of Arbitration Annual Conference, Lagos, November 18, 2021.

— Refining Rules and Structures of ISDS Mechanism, 2021 Asia Pacific ADR Conference organized by the Korean Ministry of Justice, UNCITRAL, the ICC, KCAB, and Seoul IDRC, virtual, November 5, 2021.

— The GAR Live Debate, GAR Interactive, Moscow, October 8, 2020.

— Sovereign Wealth Funds and International Dispute Resolution, British Institute of International and Comparative Law, London, September 14, 2021.

— ASA Annual Conference 2020: Clear Path or Jungle in Commercial Arbitrators’ Conflicts of Interest?, Zurich, February 7, 2020.

— The Boundaries of Investment Arbitration: The Use of Trade and European Human Rights Law in Investor-State Disputes, London, December 11, 2019.

— Evolution Of Investment Law in Treaty Making and Arbitral Practice, Comment from Counsel´s Perspective, 10 Year Anniversary Conference Of The International Investment Law Centre Cologne, Cologne, May 16, 2019.

— Recent Trends in Investment Arbitration, AILA Investment Treaty Law and Arbitration Training, London, September 20, 2018.

— Transforming Institutions in Investor-State Dispute Settlement, Harvard Law School, March 24, 2018.

— Denial of Benefits: When – How – Effects?, 7th Investment Treaty Arbitration Conference, Prague, October 26, 2017.

— Parallel Proceedings in Investment Arbitration, 2nd UNCITRAL Asia Pacific Judicial Conference on International Law, Hong Kong, October 18, 2017.

— Investment Protection Standards under the Energy Charter Treaty: Is There a Need to Clarify, International Energy Charter Forum, Brussels, June 17, 2017.

— Forging the Path in Asia: The Draft SIAC Rules on Investment Arbitration, 2016 SIAC Congress, Singapore, May 25, 2016.

— The Reaction to Contemporary Jurisprudence – Time to Move from Hegemony and Fragmentation to Harmonization? GAR Live BITs Conference, Washington, D.C., April 27, 2015.

— Are Contracting Parties Successfully Clawing Back Investment Treaty Protections?, GAR Live Conference, Frankfurt, June 5, 2014.

— Utilization of Investment Treaties to Compel or Effectively Reverse the Enforcement of Commercial Awards: Can Investment Treaty Protections Provide a Second Bite at the Enforcement Apple?, Columbia Arbitration Day, New York, March 18, 2014.

— Legitimate Expectations, The Litigation of Public Law Concepts in Investor-State Arbitration – Practical and Theoretical Considerations, Twentieth Investment Treaty Forum Public Conference, British Institute of International and Comparative Law, London, May 10, 2013.

— Prospects for Reform of the New York Convention of June 10, 1958. Recognition and Enforcement of Arbitral Awards, seminar jointly organized by the ICC International Court of Arbitration, UIA Arbitration Commission and ArbIt, Rome, September 30, 2011.

— The Place of Arbitration in European Civil Procedure, Vienna Arbitration Days, Vienna February 17, 2012.

— Corruption, Fraud, Illegality Issues in Investment Arbitration – ‘Como Espada y Escudo’, Yale Law School – Latin American Legal Studies Breakfast Roundtable – International Investment Arbitration in the Latin American Context, April 12, 2012.

— Investment Treaty Arbitration from the Perspective of the Host State, Meeting of the Asian African Legal Consultative Organization, Promoting International Law, United Nations, New York, November 1, 2011.

— Recent Trends of Investment Treaty Arbitration, Policy Implications - Host States’ Perspectives, Seoul National University Center for International Economic & Business Law, Seoul, May 22, 2009.

Affiliations

— Court of Arbitration of the Singapore International Arbitration Centre

— Board of the Vienna International Arbitral Centre (President of the Investment Arbitration Committee)

— Board of Trustees of the Foundation for International Arbitration Advocacy

— Energy Charter Treaty Legal Advisory Task Force

— International Law Association

— International Bar Association

— International Council for Commercial Arbitration

— Swiss Arbitration Association

— European Society of International Law

— German Society of International Law

— American Society of International Law
qualifications
Venia legendi et docendi (habilitation) for public international law (1997) University of Vienna
Doctor iuris (1992) University of Vienna
Diploma in Public International and European Law (1990) University of Helsinki
Mag. iur. (Master in Law) (1990) University of Vienna

Venia legendi et docendi (habilitation) for public international law, University of Vienna (1997)
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Doctor iuris, University of Vienna (1992)
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Diploma in Public International and European Law, University of Helsinki (1992)
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Mag. iur. (Master in Law), University of Vienna (1990)

ACADEMIC
POSITIONS

1998 – present

University of Vienna, adjunct professor
Advanced research seminars in international responsibility and international dispute settlement

2013

Paris Ouest Nanterre La Défense University, visiting professor
Course in investment treaty arbitration

2019

Center for International Dispute Settlement, Geneva
MIDS Lecture – 30 Years of Investment Treaty Arbitration:
An Engine for the Development of General International Law for Good and for Bad

2019 – present

Austrian Arbitration Academy, faculty member
Course in investment treaty arbitration

2019 – 2021

National University of Singapore, SIAC Academy
Course in investment treaty arbitration

2020, 2021

National Academy of Legal Studies and Research, SIAC Academy
Course in investment treaty arbitration

2021

Chulalongkorn University, SIAC Academy
Course in investment treaty arbitration

2020, 2022

Fudan University, SIAC Academy
Course in investment treaty arbitration

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