Henry G. “Harry” Burnett is a partner with King & Spalding’s International Arbitration practice in the New York office. With more than 20 years of litigation and arbitration experience, Mr. Burnett concentrates on international commercial and investor-state arbitration matters and ADR proceedings generally as well as general domestic and international litigation in state and federal courts.
Mr. Burnett’s international dispute resolution experience includes handling inbound litigation matters for foreign clients, many from Latin America, and international arbitration disputes including arbitrations under ICDR, ICC, JAMS International, UNCITRAL and CPR Rules as well as investor-state arbitrations involving claims under ICSID, Bilateral Investment Treaties, the Energy Charter Treaty, multi-lateral investment instruments and local investment laws. He also frequently serves as an arbitrator in international disputes and has served as sole arbitrator, party-appointed arbitrator and chair.
Mr. Burnett has been ranked by clients and peers in Chambers Global, Chambers USA, which notes one client’s view “he is a really tough negotiator and he helped us get a really great deal,” Chambers Latin America for International Arbitration, which notes how he “knows how to fight, how to analyze the case as a whole and also how to go into detail,” and The Legal 500 Latin America. He is particularly experienced in matters emanating from Latin America and is fluent in Spanish and Portuguese. He has been recognized by The International Who’s Who of Oil & Gas Lawyers and The International Who’s Who of Energy Lawyers. In Above the Law, Mr. Burnett was voted as one of the “Top Partners to Work For - New York” in the first poll of its kind.
Mr. Burnett earned his B.A. degree in Philosophy and Spanish from the University of Notre Dame and received his law degree from Vanderbilt University School of Law.
Publications and Speeches
- Speaker, “The commodity price downturn: will the industries survive?”, Energy, Environment, Natural Resources and Infrastructure Law Section, IBA Annual Conference, Washington, D.C. (September 19, 2016)
- Guest Lecturer, “Investor-State Arbitration” and “International Investment Agreements,” Vanderbilt University School of Law, Nashville, Tennessee, (April 2014)
- Palestrante, “Prova Testemunhal na Arbitragem Internacional,” A 8a Conferência de Arbitragem e Mediação Internacional, Riscos e Desafios na Arbitragem Internacional, 18 de Novembro de 2014, São Paulo, Brazil
- Speaker, International Investment Disputes: Arbitration, Litigation, and Investor-State Relations, 2014 International & Comparative Law Symposium, University of Maryland School of Law
- Author, Avoiding Improper Proceedings Abroad: Anti-suit and Anti-arbitration Injunctions,” in Practicing Law Institute: International Arbitration 2014, PLI (June 2014) (co-author with J. Bees und Chrostin)
- Speaker, Anti-suit Injunctions in International Arbitration Proceedings: Judicial, Practitioner and Academic Perspectives, PLI Conference, New York (2014)
- Speaker, Environmental and Social Issues in Investment Arbitration, IBA Latin America Forum Meeting, Punta del Este, Uruguay (2014)
- Speaker, Mining Disputes: Lessons and Best Practices, PDAC Mining Conference, Toronto (2014)
- Author (with Cedric Soule), Criminal Prosecution of Business Executives by Host States, Lex Petrolea (2013)
- Speaker, Interim Measures in International Investment Arbitration, for Global Law Week, Arnold & Porter, New York (2013)
- Speaker, Vacatur of International Arbitration Awards, ICDR Latin America Conference, Bogotá, Colombia (2013)
- Author, “Commentary: Resource nationalism and mining reforms: An increased potential for international disputes,” Northern Miner (2013) (co-author with C. Mouawad and L. Bret)
- Author, “La responsabilidad civil de los árbitros y las instituciones arbitrales,” in Arbitraje Internacional: Pasado, Presente y Futuro, Libro Homenaje a D. Bernardo Cremades y D. Yves Derains, C.A. Soto Coaguila, D.R. Marsano de Mur, Eds., Instituto Peruano de Arbitraje 2013 (co-author with C. Ferraro and A. Ali)
- Author, Book Review of Arbitration and the Constitution, by P. Rutledge in Global Arbitration Review, Vol. 8, Issue 4 (2013)
- Speaker, Selection and Removal of Arbitrators and Importance of Seat of Arbitration, ICDR-AMCHAM Conference, São Paulo, Brazil (2013)
- Speaker, “Emerging Issues in Investment Arbitration - Umbrella Clauses,” Seventh Annual ICC New York Conference: Arbitration with States and State Entities under the ICC Rules, New York, NY (September 2012).
- Speaker, “Attachment of Assets in International Litigation: Recent Developments,” International Litigation 2012, sponsored by Practicing law Institute, New York, NY, (June 20, 2012)
- Speaker, “Anti-suit Injunctions Before U.S. Courts in Support of Arbitration - Tactical Issues,” International Business Transactions and Conflict Management: The U.S. and Brazilian Perspectives, sponsored by The International Centre for Dispute Resolution (ICDR) and Arbitration Center of the American Chamber of Commerce of Sao Paulo (AMCHAM), São Paulo, Brazil (November 29, 2011).
- Speaker, “Growing Pains: Brazilian Arbitration at 15,” Latin Lawyer Arbitration Roundtable, São Paulo, Brazil (November 28, 2011).
- Speaker, “Entrevistas con los candidatos para ser designados árbitros : ¿son necesarios o deben prohibirse ?” - V Congreso Latinoamericano de Arbitraje: El Rol de los Árbitros y Abogados en el Arbitraje, Lima, Perú (April 28-29, 2011). (presentation delivered in Spanish)
- Author, Book Review of International Arbitration in New York, J. Carter and J. Fellas, Eds., in Global Arbitration Review, Vol. 5, Issue 4 (2010)
- “ICDR Roundtable: Counsels’ Arbitration Strategy and Arbitrators’ Perspectives,” IDR Conference – International Commercial Arbitration in Argentina and the Americas, Buenos Aires, Argentina (November 30, 2010).
- “Special Address-Enforcing the New York Convention” and “Confidentiality and Privilege in International Arbitration,” Cross Border Arbitration Dispute Resolution Conference 2010”, sponsored by International Institute for Conflict Prevention and Resolution (“CPR”), London, England (November 15-16, 2010).
- “An International Arbitration Under ICDR Rules: Counsel’s Arbitration Strategy and Arbitrator’s Perspectives,” International Commercial Arbitration in Brazil, sponsored by The International Centre for Dispute Resolution (ICDR) and Arbitration Center of the American Chamber of Commerce of Sao Paulo (AMCHAM), Sao Paulo Brazil (October 27, 2010). “Treaty and Forum Shopping: How Investors Might Structure their Investments to Invoke the Provisions of Particular Treaties and/or the Jurisdictions of Particular Fora,” Câmara de Mediação Arbitragem das Eurocâmaras (CAE), São Paulo, Brazil (May 27, 2010).
- “Cómo Estructurar Inversiones Para Invocar Las Provisiones de Tratados Particulares y/o la Jurisdicción de Foros Particulares,” IV Congreso Internacional de Arbitraje: Latinoamérica - Sede de Arbitrajes Internacionales, Lima, Peru (April 29-30, 2010). (lecture delivered in Spanish)
- “Arbitration and Crisis,” Speaker, “Who directs the arbitration: the parties or the arbitrators?,” IX International Arbitration Congress of the Comité Brasileiro de Arbitragem and CAMARB, Belo Horizonte, Minas Gerais, Brazil, October 20, 2009 (lecture delivered in Portuguese)
- “Peru Investment Forum 2009: The Energy Sector in Peru,” New York, New York, September 25, 2009, Organizer of event with the Peruvian American Business Council, assembled high-level government officials and business leaders in the energy sector for full-day conference which included topics: “Investment Experiences in Peru,” “Investment Opportunities in the Energy Sector in Peru,” and “Alternative Energy Development in Peru.”
- Co-Author, “Where There Are Cranes Disputes Will Follow: Enforcement of Arbitral Awards in Brazil,” Global Infrastructure, Fulbright & Jaworski L.L.P., Volume IV, Fall 2009
- International Dispute Resolution Practices and Procedures: Speaker, “The ICDR Perspective on Mediation and Information Exchange in Arbitration,” ABA Section of Dispute Resolution, 11th Annual Spring Conference, New York, New York, April 18, 2009
- “Mock Session: Section 28 USC 1782 and International Arbitration: Taking Evidence Located in the U.S. for Use in International Arbitration,” International Arbitration 2009 seminar, sponsored by Practising Law Institute, New York, New York, March 24, 2009
- Symposium, “International Arbitration: A Look to the Future,” Speaker, “Trends in Appellate and Judicial Review in International Arbitration,” University of Virginia School of Law, Charlottesville, Virginia, February 27, 2009
- Conferencia Nacional de La Asociacion Nacional de Abogados de Empresas, Colegio de Abogados, A.C. (ANADE), Speaker, “Factores a considerar para la solucion de controversias en relaciones comerciales con partes estadounidenses,” Cancun, Mexico, November 16, 2008
- “Arbitration Around the World,” Speaker, “Survey of Arbitration in Latin America,” Series on International Dispute Resolution, New York, New York, November 6, 2008
- “Forum on International Arbitration,” Speaker, “Document Exchange-Discovery-Witness Testimony-What are the Issues that May Arise?,” Buenos Aires, Argentina, October 10, 2008
- “Overview of and update on recent developments, cases, laws and trends in international ADR in North America - United States,” and “ICDR International Arbitration Round Table,” Faculty, The 2008 ICDR International ADR Reporting Program Series, Sao Paulo, Brazil, August 11, 2008 (lecture delivered in Portuguese)
- “Foreign Direct Investment Outlook: Bolivia & Ecuador,” Speaker, “Is diplomatic protection an alternative to arbitration and litigation?”, New York, New York, June 24, 2008
- Author, “Dispute Resolution Under Brazil’s Federal PPP Law,” Global Infrastructure, Fulbright & Jaworski L.L.P., Volume 1, 2008
- Co-Author, “Resolving Disputes In Cross-Border Commercial Transactions,” Inside the Minds: Best Practices for International Alternative Dispute Resolution, Aspatore Books 2007
- “Brazilian Infrastructure Investment and Arbitration,” Speaker and Moderator, sponsored by the Brazilian American Chamber of Commerce, Inc., New York, New York, May 6, 2008
- “Discovery in International Arbitration,” A Series on International Dispute Resolution, Speaker and Panelist, New York, New York, November 15, 2007
- “How to Handle Oil and Gas Industry Cases: The Arbitral Procedure and Special Evidentiary Issues,” Fourth Annual Seminar on International Commercial Arbitration, American University Washington College of Law, Washington, D.C., October 10-11, 2007.
- “Document Exchange and Discovery in International Arbitration from the Common Law Perspective,” Arbitrating in Brazil under the ICDR Rules and Administrative System, The International Centre for Dispute Resolution® and The Comite Brasileiro de Arbitragem, São Paulo, Brazil, July 27, 2007
Profession Memberships and Activities
- Visiting Professor, Vanderbilt Law School, “Investor-State Arbitration” – Nashville, TN (Spring 2017)
- Member, Rocky Mountain Mineral Law Foundation (RMMLF)
- Member, Association of International Petroleum Negotiators (AIPN)
- Member, International Bar Association (IBA) International Arbitration Committee
- Member, International Arbitration Club of New York (IACNY)
- Member, Prospectors and Developers Association of Canada (PDAC)
- Member, Board of Directors, Brazilian Chamber of Commerce – New York
- Member, Bolivian American Chamber of Commerce – New York
- Member, Peruvian Business Counsel – New York