Kiera S. GansPartner
Kiera Gans has represented individuals, domestic and foreign companies and sovereign governments in both ad hoc arbitrations and also arbitrations under the ICC, SIAC, UNCITRAL, AAA/ICDR and ICSID rules, in venues around the globe. Ms. Gans has extensive experience with investor treaty arbitration and has been an advocate acting both for and against sovereign states in a number of prominent claims.
Kiera has provided training to foreign governments related to investment treaty disputes and strategies for managing and preventing such disputes. She has been involved in complex arbitrations and litigations across a wide variety of sectors including oil and gas, education, energy, construction, telecommunications and mining.
Kiera has litigated in connection with arbitration, including enforcing arbitral awards, and routinely advises on the drafting of arbitration agreements and pre-dispute strategy.
Kiera also has extensive experience conducting internal investigations and FCPA due diligence, as well as representing clients in matters involving anti-bribery restrictions worldwide. In particular, she has conducted multi-jurisdictional investigations for clients in the defense, financial services, aerospace and telecommunications industries in Latin America, Europe, the Middle East and Asia. She also routinely advises clients across various industries regarding the practical implications of the FCPA and its application to business issues, including those resulting from the retention and use of third-party consultants and vendors, government tenders and whistleblower allegations.
Representative Investor – State Arbitration Experience
- Lead counsel representing a Canadian mining company in connection with a mining project in Mexico
- Lead counsel representing a pharmaceutical investor in connection with claims under the OIC Agreement in relation to the blockade in the Middle East
- Lead counsel representing two investors in connection with their BIT claim arising out of government changes to regulatory incentives to encourage the development of the renewable energy sector
- Lead counsel representing the Sultanate of Oman and defeating multi-million dollar claims by a Saudi investor pursuant to the OIC Agreement concerning a construction project and a separate claim by a US investor pursuant to the US-Oman Free Trade Agreement concerning lease agreement and mining rights
- Lead counsel representing Hungary in two different ICSID arbitration brought by French investors under the Franco-Hungarian bilateral investment treaty related to changes tax incentives in relation to "social vouchers" industry and in annulment proceedings related to a third case
- Lead counsel representing Transban Investments Corp., a Barbadian investor, in an ICSID arbitration against Venezuela. The aggregate of claims in excess of US$200 million arose from the expropriation of investments in the automotive sector and was asserted under the Barbados-Venezuela bilateral investment treaty
- Representing Valle Verde Sociedad Financiera, a Spanish investor, in an ICSID arbitration against Venezuela. The aggregate of claims is over US$100 million and the dispute arose from the expropriation of investments in the banking sector and was asserted under the Spain-Venezuela bilateral investment treaty
- Representing Georgia (country in the Caucasus) in a $350 million ICSID arbitration brought under a bilateral investment treaty and the Energy Charter Treaty involving the Trans-caucus pipeline
Representative International Commercial Arbitration Experience
- Lead counsel representing a Fortune 100 company in an ICC arbitration arising out of a sponsorship and licensing dispute with a national athletic federation
- Lead counsel representing a major multinational technology company in an ICC arbitration concerning dispute over breach of representation and warranty and indemnification claims arising out of acquisition
- Lead counsel representing an investment fund in ad hoc proceedings pursuant to the CPR Procedures related to breach of contract, conversion and other related claims
- Lead counsel representing a Brazilian company in an ICDR arbitration in connection with claims to breach of exclusive distributorship in Asia
- Lead counsel representing US university in an ICC arbitration brought by a Vietnamese company involving education programs in Vietnam
- Lead counsel representing a US company in several ICDR arbitrations involving contract and tort claims regarding commodities contracts
- Representing a concessionaire in an ICC arbitration in London against a Central American country involving the construction of a toll road
- Representing foreign company in a SIAC arbitration in connection with breach of joint venture agreement
- Representing global communications provider in a JAMS arbitration and related court proceeding in New York Supreme Court
- Representing and advised foreign energy company in connection with ICC arbitration related to Liquefied Natural Gas SPA
- Representing a multi-national company in two complex ICC arbitration involving construction of a pipeline in Venezuela and subject to Venezuelan law. The dispute involved Spanish language documents, and Spanish speaking witnesses
- J.D., University of Toronto 2001
Editor, International Law Section, University of Toronto Law Review
- M.A., International Relations, University of Toronto 2001
- B.A., Cornell University 1998
- Band 5, USA International Arbitration: Counsel (2024)
- Band 5, USA International Arbitration: Counsel (2023)
- Band 6, USA International Arbitration: Counsel (2022)
- Up and Coming, USA International Arbitration (2016)
- Band 5, Nationwide International Arbitration: Counsel (2022-2023)
- Band 6, Nationwide International Arbitration: Counsel (2021)
- Up and Coming, Nationwide International Arbitration (2015-2016)
The Legal 500 Latin America
- Next Generation Partner, International Arbitration (2023)
- Recommended, Latin America International Arbitration (2017-2018)
- Who's Who Legal
- Future Leaders Partners (2023)
- Recognized, "Arbitration Future Leaders," (2022)
Kiera has partnered on various of the New Perimeter Projects including serving as a lecturer teaching dispute resolution and negotiation skills to government officials as part of DLA Piper's Signature Project in Tanzania, and partnering to provide training to students in Zambia on drafting and utilizing dispute resolution clauses. She partnered with the National Center for State Courts (NCSC) to provide trial advocacy training to police prosecutors in the Caribbean, and also works with PIPLG to assist in providing accountability for Rohingya refugees in Bangladesh who were subject to human rights abuses committed in the Myanmar Rhakine State. Kiera is also committed to supporting and advancing the next generation of lawyers and amongst other programs has served as a mentor as part of Young ICCA, the Leadership Council on Legal Diversity Mentoring Program, and Arbitral Women.
- Co-Author, "The Wisdom of Using AI for Middle Value Arbitration Disputes," New York Law Journal, June 5, 2020
- Speaker, "Maximizing Access To International Arbitration For Mining Investments: Recent Trends And Challenges," ITA Conference, Toronto, Canada, March 6, 2024
- Speaker, "Creating AI Tools for Tomorrow: Harnessing AI For Dispute Avoidance and Effective Dispute Resolution," CPR Annual Meeting, Philadelphia, March 8, 2024
- Moderator, "Obtaining Evidence from Non-parties to an International Arbitration in a Post Section 1782 World,' New York Arbitration Week, November 15, 2023
- Speaker, "Recent trends, issues and practices involving US-related disputes," London Arbitration Week, June 2, 2023
- "The Great Resignation Re-setting and Reimagining Your Career," NAWL General Counsel Institute, November 11, 2021
- Speaker, "The 1782 Conundrum: The American Dream or a Global Nightmare?," American Bar Association's 2020 ILS Virtual Annual Meeting, June 2, 2020
- Speaker, "Conflict Prevention and Resolution at Work in Brazil and Mexico," CPR Institute, November 6, 2019
- "The Wisdom of Using AI for Middle Value Arbitration Disputes," Law.com, June 5, 2020
- "Rolls-Royce seeks US Supreme Court ruling on scope of discovery," Global Arbitration Review, April 29, 2020
- "Corruption Cases Provide Warning for Those Expanding Abroad," Franchise Times, October 9, 2012
- Clerked for the Honorable John Evans at the Federal Court of Appeals, Ottawa, Canada
Memberships And Affiliations
She serves on the Panel of International Commercial Arbitrators of the ICC National Arbitration Committee of the Canadian Chamber of Commerce. She is also on the Board of Directors for the New York International Arbitration Center. In addition, she is a member of the Council of the International Institute for Conflict Prevention and Resolution (CPR) and previously served as a chair of the Young Lawyers Interest Network for the American Bar Association, International Law Section.
Kiera has also been named to the international panel of arbitrators for the International Centre for Dispute Resolution (ICDR).
Kiera also served as a delegate for the UNCITRAL Working Group II Session on Expedited Arbitration.
My latest insights
The Energy Charter Treaty: What to look for from the next ad hoc Energy Charter...
26 April 2023 .7 minute read