Craig S Miles

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Craig Miles

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Craig Miles is a partner in King & Spalding’s International Arbitration Group, residing in the Houston office.

His practice focuses on representing foreign investors in disputes with host governments, primarily before the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), and private parties in commercial disputes before the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and other domestic and international arbitral institutions.  Mr. Miles has first- or second-chaired dozens of arbitral hearings involving disputes throughout North and South America, Europe, Asia, Africa and the Middle East, with particularly strong experience in bilateral investment treaty (BIT) disputes in the oil  & gas, mining and infrastructure sectors, and in Latin America.  Mr. Miles is also regularly called upon to handle the quantum aspects of clients’ most significant disputes.  Among his recent cases are some of the largest BIT awards and settlements ever obtained by foreign investors, against the likes of the governments of Argentina, Bolivia, Ecuador, Egypt, Romania and Venezuela.  He also acts as lead external counsel to the Arbitration Committee of the USA Rice Millers Association, a trade group that has administered dozens of arbitrations involving the rice industry worldwide.

In 2011, Mr. Miles was named to Global Arbitration Review’s “45 Under 45” listing of the world’s leading international arbitration practitioners under the age of 45.  Mr. Miles also regularly appears in peer-reviewed rankings such as Chambers, Who’s Who, Best Lawyers in America, Legal 500 and Latin Lawyer.  Who’s Who notes that Mr. Miles enjoys a “formidable reputation” as a “smart and focused” advocate.  Chambers USA describes him as “a fantastic international arbitrator who is very clear and has a detailed and business-oriented approach”; “‘energetic and experienced’ with notable cross examination skills”; “a young partner who impresses observers with the scope of his practice”; and a practitioner who “handles both investor-state and commercial cases with equal aplomb.”  Chambers Latin America calls him “an impressive, responsive, and helpful lawyer” who is “distinguished by peers for his quality work in the field.”  In addition, Chambers Global has labeled him as “tipped for greatness by peers”; “the man behind a lot of the recent success of the group”; and “methodical and effective; he knows the weak points and what the experts are talking about.”  Mr. Miles frequently speaks and publishes on international arbitration issues, occasionally in Spanish, in which he is proficient along with French.  Among other practice-area appointments and memberships, he currently serves as Publication & Newsletter Editor of the Arbitration Committee of the International Bar Association (IBA), on the Investment Arbitration Committee of the Latin American Arbitration Institute (ALArb), and on the Advisory Board of the Institute for Transnational Arbitration (ITA).  In addition, he is Co-Editor-in-Chief of Juris Publishing’s Journal of Damages in International Arbitration and  Co-Editor of Quantum Quarterly: The Damages Newsletter, a publication of King & Spalding’s International Arbitration Practice Group.  He formerly served on the Investment Arbitration Sub-Committee of the IBA Arbitration Committee and on the ICC’s Task Force on Investor-State Arbitration.

Publications

Mr. Miles is the author of a number of publications and speeches relating to domestic and international arbitration and litigation, including:

  • Quantum Quarterly: The Damages Newsletter, a regular publication of King & Spalding’s International Arbitration Group (co-editor)

  • “Overview of Principles Reducing Damages,” Chapter in GAR – The Guide to Damages in International Arbitration, 2017 (John Trenor, ed.) (co-author with David H. Weiss)

  • “Damages Issues in the Arbitration of Energy Trading Disputes,” in The Journal of Damages in International Arbitration, Vol. 2, Issue 1, 2015 (co-author with Louis-Alexis Bret

  • Contributor, “Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals’ Discretion or Toss of a Coin?”, Chapter 13 in Investment Treaty Arbitration and International Law Volume 5, JurisNet 2015 (Ian A. Laird, et al., eds.)

  • “Advocacy Regarding Damages in International Arbitration,” in The Journal of Damages in International Arbitration, Vol. 1, Issue 1, 2014

  • “Book Review: Third Party Funding in International Arbitration,” in Global Arbitration Review, February 13, 2013

  • Contributor, “Public Policy versus Private Interest: Has Balance Been Maintained in Investment Protections in the Asia-Pacific Region?’, Chapter 10 in Investment Treaty Arbitration and International Law, – Volume 5, JurisNet 2012 (Ian A. Laird and Todd. J. Weiler, eds.)

  • “Recent Developments in Class-Action Arbitrations,” Paper presented at the U.S.-Mexico Bar Association’s 2011 Annual Meeting and CLE Conference in Houston, November 2011 (co-author with Ndanga Kamau)

  • “Book Review: Global Administrative Law: Towards a Lex Mercatoria,” in Global Arbitration Review, Vol. 4, Issue 6, July 2011

  • “Advocacy Regarding Damages in International Arbitration,” Chapter 24 in The Art of Advocacy in International Arbitration (Second Edition), Juris Publishing 2010 (R. Doak Bishop and Edward G. Kehoe, eds.)

  • “The Consent of States and Article 25(4) of the ICSID Convention,” in The Agreement to Arbitrate, Volume IV of the Collection on International Arbitration of the Peruvian Arbitration Institute 2010 (in Spanish) (co-author with Silvia M. Marchili)

  • “Sovereign Immunity,” Chapter 2 in Enforcement of Arbitral Awards Against Sovereigns, Juris Publishing 2009 (R. Doak Bishop, ed.)

  • “Where’s My Umbrella?  An ‘Ordinary Meaning’ Approach to Answering Three Key Questions That Have Emerged from the ‘Umbrella Clause’ Debate,” Chapter 1 in Investment Treaty Arbitration and International Law, JurisNet 2008 (TJ Grierson Weiler, ed.)

  • “Arbitration Roadmap: A Guide to Clauses, Procedures and Hearings,” TexasBarBooks 2007 (co-author with Mina A. Brees and R. Doak Bishop)

  • “Principles of Persuasion,” Paper presented at the University of Houston’s Litigation and Trial Tactics Course in Houston and Dallas, November-December 2007 (co-author with R. Bruce Hurley)

  • “Lost Profits and the Discounted Cash Flow Method of Calculation,” World Arbitration & Mediation Review Vol. 1, No. 1, 33-42 (2007) (co-author with R. Doak Bishop)
  • “International Arbitration,” Monthly Column in Latin Lawyer 2006-2007 (co-author with R. Doak Bishop and Roberto Aguirre Luzi)

  • “International Tax Arbitrations,” Article in Latin Lawyer September 2006 (co-author with R. Doak Bishop and Roberto Aguirre Luzi)

  • “Arbitration,” Chapter 4 of the State Bar of Texas’s 2003 Alternative Dispute Resolution Handbook (co-author with R. Doak Bishop)

  • “Strategic Options Available When Catastrophe Strikes the Major International Energy Project,” 36(4) Texas International Law Journal 636 (2001) (co-author with R. Doak Bishop and Sashe D. Dimitroff)

Speaking Engagements

  • “Investment in Natural Resources: World and Regional Trends,” Panelist at Ferrere Luncheon Series in Quito, Ecuador, April 2017

  • “The Global Check-Mate: How Political Tensions in Various Parts of the World Are Shaping Energy Disputes,” Panelist at the International Centre for Dispute Resolution (ICDR)’s Effectively Arbitrating Complex Disputes in the Global Energy Sector conference in Houston, April 2017

  • “Hot Topics on Investment Treaty Arbitration,” Panelist at the Inter-Pacific Bar Association (IPBA’s) 2017 Conference in Auckland, New Zealand, April 2017

  • “Cross-Examination in International Arbitration,” Panelist at Young ICCA’s Skills Training Workshop in Milan, March 2017

  • “Investor-State Arbitration at a Crossroads: Views on its Critics and Predictions for its Future,” Keynote Speaker before the Briggs Society of International Law at Cornell Law School, Ithaca, New York, March 2017

  • “Mining Disputes: Lessons and Best Practices,” Panelist at the Prospectors and Developers Association of Canada (PDAC)’s Convention 2017 in Toronto, March 2017

  • “Recovery of Arbitral Awards,” Panelist at 14th ICC Miami Conference on International Arbitration in Miami, November 2016

  • “Mock Debate: ‘This House Believes That Any Divergence Between Law and Finance, Reflected in Investment Arbitration Awards, is Entirely Appropriate,’”Panelist at Juris Conferences’ Fifth Annual Damages in International Arbitration Conference in Washington, DC, September 2016

  • “Contracting With Sovereign States,” Panelist at Marval, O’Farrell & Mairal’s The Time Has Come: Investing in Argentina’s Energy and Infrastructure Sectors conference in Buenos Aires, June 2016

  • “Damages,” Panel Moderator at Center for International Legal Studies (CILS)’s International Arbitration Symposium in Salzburg, Austria, June 2016

  • “Damages in Arbitration,” Panelist at Veirano Advogados’s Café de Manhã de Arbitragem program in Sao Paulo, March 2016

  • “Evidentiary Issues in Presenting a Mining Claim” and “Global Trends in Governmental Measures That Have Affected Mining Projects,” Panelist at the Prospectors and Developers Association of Canada (PDAC)’s Convention 2016 in Toronto, March 2016

  • “Recent Trends in Damages Awards,” Presentation at King & Spalding’s Global Disputes Quarterly Luncheon Program in Houston, March 2016

  • “Investor-State Arbitration in the Caribbean Region and Recent Trends in Investor-State Damages Awards,” Panelist at the 4th Annual Arbitration and Investment Summit Caribbean – Latin America and Other Emerging Markets conference in Nassau, Bahamas, January 2016

  • “Valuation Trends and Methods Used in Recent Arbitral Awards,” Panel Moderator at Juris Conferences’ Fourth Annual Damages in International Arbitration Conference in Vienna, October 2015

  • “International Arbitration Under Investment Treaties,” Speaker at Texas Bar CLE Advanced In-House Counsel Course in San Antonio, Texas, August 2015

  • “Learning from Venezuela, Ecuador and Argentina Nationalizations,” Panelist at the Association of International Petroleum Negotiators’ (AIPN) Spring Conference 2015 in Austin, Texas, April 2015

  • “Additional Considerations When a High-Stakes Dispute Goes to Arbitration,” Panelist at the IBA’s Best Practices and New Developments in High-Stakes Litigation and Arbitration Conference in Atlanta, December 2014

  • “Compensation, Damages and Valuation in International Investment Law and Arbitration,” Panelist at the Atlanta International Arbitration Society’s Enhancing Opportunities in Africa: The Role, Reality and Future of Africa-Based Arbitration conference in Atlanta, November 2014

  • “Mitigating the Damage: Effective Strategies for Challenging Quantum,” Panelist at the Czech Ministry of Finance’s 4th Investment Treaty Arbitration Conference in Prague, October 2014

  • “Collective Perspectives,” Panelist at Juris Conferences’ Third Annual Damages in International Arbitration Conference in New York City, October 2014

  •  “Damages,” Panelist at Center for International Legal Studies (CILS)’s International Arbitration Symposium in Salzburg, Austria, May 2014

  • “Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals’ Discretion or Toss of a Coin?”, Panelist at Juris Conferences’ Eight Annual Investment Treaty Arbitration Conference in Washington, DC, March 2014

  • “Jurisdictional Overlaps Arising Out of Treaty Obligations,” Panelist at Columbia Arbitration Day 2014 in New York City, March 2014

  • “Damages in International Arbitration — from Case Filing to Arbitration Award,” Panelist at Juris Conferences’ Second Annual Damages in International Arbitration Conference in Washington, DC, November 2013

  • “Practice and Procedure,” Panel Moderator at the LCIA’s Symposium on International Arbitration in Bogotá, February 2013

  • “How Much is Prevailing Worth?”, Panelist at Juris Conferences’ Damages in International Arbitration in New York City, October 2012

  • “Using International Law as a Tool to Prevent Disputes,” Presentation at Local and International Protection of Investments in Natural Resources: Preventing Socio-Environmental Conflicts seminar in Quito, Ecuador, May 2012

  • “Keeping It Fair and Just: Dealing With Testimonial Evidence and Lawyer Strategies in an International Arbitration Context,” Panelist at the ITA’s 8th Annual Americas Workshop: The Merits Hearing: Getting the Message to the Tribunal in Santiago de Chile, April 2012

  • “Disputes Arising out of, or Related to, Overlapping Contract and Treaty Obligations: Procedural Issues,” Presentation at Columbia Arbitration Day 2012 in New York City, March 2012

  • “Recent Developments, Trends and Significant Decisions in International Arbitration,” Presentation at the U.S.-Mexico Bar Association’s 2011 Annual Meeting and CLE Conference in Houston, November 2011

  • “Unique Considerations Regarding Damages in Investment and Commercial Arbitration,” Presentation at Arbitration Forum 2011: Arbitration and the Recovery of Damages and Loss of Income: The Mexican Legal Regime and International Practice in Mexico City, September 2011

  • “Using Investment Treaties and Investment Arbitration to Protect Investments,” Presentation at the California and San Diego International Bar Associations’ Doing Business in the Emerging Markets of Russia, India and the Middle East in San Diego, May 2011

  • “International Investment Law,” Presentation at International Law Weekend ─  West of the International Law Association (American Branch)’s 2021: International Law Ten Years From Now in Los Angeles, February 2011

  • “Foreign Investors vs. Host States: Shifting Trends in Investment Arbitration?”, Debate at the Columbia International Arbitration Association/Vale Columbia Center on Sustainable International Investment’s Events Series in New York City, November 2010

  • “Comparison Between the 2004 US Model BIT and an Analysis of the Awards Under the US-Argentina BIT,” Presentation (in Spanish) at the Third Forum on Investment Arbitration in Mexico City, September 2010

  • “Public Policy versus Private Interest: Has Balance Been Maintained in Investment Protections in the Asia-Pacific Region?”, Presentation at Juris Conferences’ Fourth Annual Investment Treaty Arbitration ─ A Debate and Discussion: Investment Treaty Arbitration in the Asia-Pacific Region in Washington DC, April 2010

  • “Dealing With Damages,” Presentation at the American Bar Association International Law Section’s 2009 Fall Meeting in Miami, October 2009

  • “Provisional Measures in Investment Arbitration,” Presentation (in Spanish) at the Ecuadorian-American Chamber of Commerce’s Fourth Conference on International Arbitration in Quito, Ecuador, September 2009

  • “Psychology of Persuasion,” Presentation at the University of Houston’s Litigation and Trial Tactics Course in Dallas, March 2009

  • “Expropriation Damages and Methodologies, Fair Market Value and Discrete Damages Problems,” Panel Moderator at Remedies in Commercial, Investment and Energy Arbitrations, University of Texas School of Law CLE Program in Houston, April 2008

  • “Contract Claims and Umbrella Clauses,” “Appointment of Arbitrators,” and “Damages in Investment Treaty Arbitrations,” Presentations at International Arbitration Seminar at the Center of Excellence in Finance in Ljubljana, Slovenia, January 2008

  • “Guarantee Security Of Investment Through Bilateral And Multilateral Treaties” and “Workshop A: Enhance the Stability of Your Contracts Through an In-Depth Understanding of the Dispute Resolution Options,” Presentations at Optimising Production Sharing Contracts and Joint Operating Agreements for Sustainable Exploration & Production Growth, Energy IQ Conference in London, December 2007

  • “The Initiation of an Investment Arbitration: How to Get Off to a Good Start,” Panel Moderator at Commercial and Investment Arbitration in Latin America: New Challenges for Governments, Corporations and Practitioners, Cameron May Conference in Quito, Ecuador, November 2007

  • “Stage II: Answer to the Request for Arbitration,” Presentation at Fourth Annual Seminar on International Commercial Arbitration: How to Handle Oil & Gas Industry Cases, Arbitration Program at Washington College of Law at American University in Washington DC, October 2007

  • “Dispute Resolution,” Presentation at Rocky Mountain Mineral Foundation’s International Energy Law, Contracts and Negotiation Midstream Course in Houston, October 2007

  • “Where’s My Umbrella?  A Look Inside the Umbrella Clause Debate,” Presentation at Juris Conferences’ Investment Treaty Arbitration: A Debate and Discussion, Washington DC, May 2007

  • “International Arbitration of Foreign Investment Disputes,” Presentation at the Stanford Law School International Speaker Series in Palo Alto, California, March 2007

  • “LNG Projects and Unique Issues in Energy Arbitrations,” Presentation (in Spanish) in Buenos Aires, Argentina, September 2006

  • “Discovery and Evidence in International Arbitration,” Presentation at Texas Bar CLE’s Advanced Evidence and Discovery Law Course in Houston, May 2004

  • “Psychology of Persuasion,” Presentation at the University of Houston’s Litigation and Trial Tactics Course in Dallas, May 2004

  • “International Arbitration of Foreign Investment Disputes,” Presentation before the Houston Bar Association’s International Law Section, May 2004

  • “Enforcement of International Arbitral Awards,” “Interim Judicial Measures Pending Arbitration,” and “Employer Considerations in Implementing a Mandatory Arbitration Program for Employment Disputes,” Presentations at King & Spalding CLE seminars
MEMBERSHIPS
Co-Editor-in-Chief of Juris Publishing’s Journal of Damages in International Arbitration
IBA Arbitration Committee – Publications & Newsletter Editor
ALArb Investment Arbitration Committee
ITA Advisory Board
Institute for Energy Law Advisory Board
Houston International Arbitration Club
American Bar Association, International Law Section
Houston Bar Association, International Law Section
IBA Arbitration Committee – Sub-Committee on Investor-State Arbitration (former)
ICC Task Force on Investor-State Arbitration (former)

EDUCATION
J.D., University of Houston
A.B., Cornell University

ADMISSIONS
Texas
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Southern District of Texas