Quinn Emanuel Urquhart & Sullivan, LLP


Tai-Heng Cheng Tai-Heng Cheng Quinn Emanuel 51 Madison Avenue, 22nd Floor New York New York 10010 Voice work(212) 849 7000 FAX work(212) 849 7100 taihengcheng@quinnemanuel.com Download vCard New York Office Tel: 212-849-7000 Fax: 212-849-7100 taihengcheng@quinnemanuel.com Practice Areas Domestic Arbitration Energy Sector Litigation and Arbitration International Arbitration International Trade Commission Proceedings Plaintiffs' Litigation Transnational Litigation White Collar and Corporate Investigations Education Yale Law School (J.S.D., 2004) Howard M. Holtzman Fellow for International Law, 2000-2001 Oxford University (M.A., 2004) Yale Law School (LL.M., 2000) Oxford University (B.A., Law, First Class Honors, 1999) Oxford University Scholar, 1997-1999 Publications and Lectures Book Monographs WHEN INTERNATIONAL LAW WORKS: REALISTIC IDEALISM AFTER 9/11 AND THE GLOBAL RECESSION (Oxford University Press, 2012). Reviewed in 125 Harvard Law Review 1184 (2012). STATE SUCCESSION AND COMMERCIAL OBLIGATIONS (BRILL, 2006). Cited as authoritative in Mortimer Offshore Servs. Ltd. v. Fed. Rep. Germany, 05 Civ. 10699 (S.D.N.Y. Apr. 9, 2008), slip op. at 2, aff’d, 615 F.3d 97 (2010), cert. denied, 131 S.Ct. 1502 (2011). Law Review Articles Finality & Justice in ICSID Annulments, BERKELEY J. INT’L L. (forthcoming 2013). Making International Law Without Agreeing What It Is, 10 WASH. U. GLOBAL STUDIES L. REV. 1 (2011). Why New States Accept Old Obligations, 2011 U. ILL. L. REV. 1 (2011). Shaping an Obama Doctrine of Preemptive Force, 82 TEMPLE L. REV. 737 (2010) (with E. Valaitis, Statistics Professor, American University). Reasons, Reasoning and Reasonableness, 32 SUFFOLK TRANSNATIONAL L. REV. 409 (2009) (with R. Trisotto, NYLS J.D., 2009). The Universal Declaration of Human Rights at Sixty: Is it Still Right for the United States?, 41 CORNELL J. INT’L L. 251 (2008). Renegotiating the Odious Debt Doctrine, 70 L. & CONTEMP. PROBS. 7 (2007). Cited as authoritative in Mortimer Offshore Servs., Ltd. v. Fed. Rep. Germany, 08-1783-cv, 615 F.3d 110, n. 12 (2d Cir. 2010), cert. denied, 131 S.Ct. 1502 (2011); Iraq v. Beaty & Simon, 07-1090, Resp. Br. at 54 (U.S. Supreme Court, Mar. 18, 2009). Precedent and Control in Investment Treaty Arbitration, 30 FORD. J. INT’L L. 1014 (2007), republished 5:3 TRANSNAT’L DISPUTE MGMT. (May, 2008). Power, Norms and International Intellectual Property Law, 28 MICH. J. INT’L L. 109 (2006). Power, Authority and International Investment Law, 20 AM. U. INT’L L. REV. 465 (2005). The Central Case Approach to Human Rights, 13 PAC. RIM L. & POL’Y 257 (2004). Book Chapters, Essays & Other Publications Understanding the Unique Features of International Arbitration, Winter 2013 QUINN EMANUEL ARBITRATION TRENDS, 1. (L. Bento and T. Cheng). Practical Measures to Control Annulments in Investor-State Arbitration Awards, 248 N.Y.L.J. S8 (November, 26, 2012). Book Review: ‘Armed Attack’ and Article 51 of the UN Charter: Evolutions in Customary Law and Practice, Extraterritorial Use of Force Against Non-state Actors., 106 AM. J. INT’L L. 710 (2012). Book Review: Informal International Lawmaking: Legality and Normativity, Opinio Juris blog (October, 2012). 106 AM. SOC’Y INT’L L. PROC. (T. Cheng et al eds., 2012). Various Essays, Roundtable Discussion of When International Law Works, Opinio Juris blog (March, 2012). Various Essays, ASIL Cables (March 2012). International Arbitration, in JUDICIAL BENCHBOOK ON INTERNATIONAL LAW (D. Amann ed., ASIL, forthcoming 2012). Positivism, New Haven Jurisprudence and the Fragmentation of International Law, in NEW DIRECTIONS IN INTERNATIONAL ECONOMIC LAW 411 (T. Weiler ed., 2011). Preface, in TRANSNATIONAL DISPUTE MANAGEMENT SPECIAL EDITION: INTERNATIONAL ARBITRATION IN CHINA (T. Cheng & P. Thorp eds., 2011). Developing Narratives in Investment Treaty Arbitration, 9 SANTA CLARA J. INT’L L. 215 (2011). Reconsidering ICSID Awards, Kluwer Arbitration Blog (May 11, 2011). Law on Loan: Legal Reconstruction after Armed Conflict, in CORPORATE SOCIAL RESPONSIBILITY IN ZONES OF CONFLICT (N. Turner ed., 2010/2011). International Mediation, Arbitration, and Innovation, 5 CONTEMPORARY ISSUES IN INTERNATIONAL ARBITRATION AND MEDIATION 434 (A. Rovine ed. 2010). State Succession and Commercial Obligations: Reflections on Kosovo, in LOOKING TO THE FUTURE: ESSAYS IN HONOR OF W. MICHAEL REISMAN 675 (M. Arsanjani et al. eds. 2010). Remarks, "Consent and the Jurisdiction of Investment Arbitrations", in INVESTMENT TREATY ARBITRATION AND INTERNATIONAL LAW 85 (I. Laird & T. Weiler eds., 2010). Reflections on Culture Med-Arb, 4 CONTEMPORARY ISSUES IN INTERNATIONAL ARBITRATION AND MEDIATION 421 (A. Rovine ed. 2010). Is Investment Treaty Arbitration Undertheorized?, Kluwerarbitrationblog (Apr. 16, 2010). A Renaissance Career in International Law, in ASIL, in CAREERS IN INTERNATIONAL LAW 7 (2009-2010 ed.). The Idea of Law, 103 PROC. AM. SOC’Y INT’L L. 113 (2009). New Tools for an Old Quest, 3 WORLD 3 MED. & ARB. REV. 121 (2009). Some Limits in Applying Chinese Med-Arb Internationally, 2 NYBSA N.Y. DISPUTE RESOLUTION LAW. 95 (2009) (with A. Kohtio, NYLS J.D. 2009). A Policy and Empirical Appraisal of U.S. Preemptive Self-Defense, 102 AM. SOC’Y INT’L L. PROC. 430 (2009). What’s Reasonable Depends on Who’s Asking, 8 BALTIC Y.B. INT’L L. 382 (2008). Commentary on “Who is Sovereign in Sovereign Debt?,” Opinio Juris blog (June 10, 2008). The Succession of Kosovo and Minimum Public Order, Opinio Juris blog (Feb. 21, 2008). Precedent and Control in Investment Treaty Arbitration, in INVESTMENT TREATY LAW: CURRENT ISSUES III (A. Bjorklund et al. eds., BIICL, 2009), revising 30 FORD. J INT’L L. 1014 (2007). Reframing Iran: A View from the Field (2007) (with P. Huntington and G. Billard). LAW MANUAL FOR FRONTLINE POLICING (Singapore Police Force, 2002). HIV Surveillance: Individual Rights Versus the Common Good, 1 YALE J. HUM. RTS. 17 (2001). Invited Presentations International Disputes, Government Investment Corporation of Singapore, 2012 The Role of Policy in International Legal Disputes, Singapore Academy of Law, 2012 International Trade and International Investment Regimes, Society of International Economic Law Annual Meeting, 2012 Water Boarding, Drones and Guidance from International Legal Theory, Temple Law School, 2012 & Hebrew University, 2012. Revisiting Loewen and the Ethics of Arbitration, Thomas Wälde Memorial Lecture, Washington D.C. Arbitration Club, 2012 Morality for Arbitrators, New York City Area International Economic Law Working Group, 2012 & Policy Sciences Institute Annual Meeting at Yale Law School, 2011. Finality and Justice in ICSID Arbitration, Global Law & Policy Roundtable, New York Law School, 2012 & New York University School of Law, 2011. The Law of Military Force in a Time of Revolutions, National University of Singapore, 2011. ASIL Summer Associates Briefing Series, New York Law School, 2011. Annulment Proccedings: Critiques and Practical Solutions, New York Arbitration Club, 2011. Reconsidering ICSID Awards, WilmerHale, London, 2011. When International Law Works: Bridging Political and Theoretical Divides, Nanjing University, 2011. Governance Trends in Singapore, Pennsylvania University, 2011. Why New States Accept Old Obligations, Michigan State University, 2011 & Florida State University, 2011. State Succession After Kosovo, International Civilian Office, Kosovo, 2010. Negotiating Bilateral Investment Treaties, Ministry of Foreign Affairs, Kosovo, 2010. Narratives in Investment Treaty Arbitration, Santa Clara Law School, 2010. Making International Law Without Agreeing What It Is, Maryland Law School, 2010. Emerging Trends in ADR, Vanderbilt Law School, 2010. Why New States Accept Old Obligations, Vanderbilt Law School, 2010. The Fragmentation of International Law, Conference in Honor of Thomas Walde, Scotland, 2009. International Law as Paradigm, Vanderbilt Law School, 2009. The Idea of Law, American Society of International Law Annual Meeting, 2009. The Global Regulation of Intellectual Property, Hong Kong University School of Law, 2009. International Law as Paradigm, Temple Law School, 2009. Public Interests and Arbitration’s Efficiency, Institute for Transnational Arbitration Academic Council Retreat, 2009. The Use of Force by the United States: A Policy & Empirical Appraisal, American Society of International Law Annual Meeting, 2008. The Law and Practice of Secession: Kosovo and the International Court of Justice, American Foreign Law Association, 2008. State Succession and Recognition, International Civilian Office, Kosovo, 2008 & University of Pristina, Kosovo, 2008. Pakistan: A Different Kind of Partner, New York Law School C.V. Starr Presentation, 2008 & U.S. Trust Corporation, 2008. Emerging Trends in Investment Treaty Arbitration, Michigan Law School, 2008. Would Wider Authorization to Use Force Make Us Safer: Lessons from Iran, Pakistan and 60 Years of U.S. Practice, City University of Hong Kong School of Law, 2008 & Junior International Law Scholars Annual Meeting, 2008. New Developments in Med-Arb, Southeast Association of Law Schools Annual Meeting, 2008. Med-Arb in China, American Bar Association, ADR Section, 2008. Reasons and Reasoning in Investment Treaty Arbitration, Suffolk Law School, 2008. The Universal Declaration of Human Rights at Sixty, Sarah Lawrence College, 2008. Prior Associations New York Law School: Professor of Law (with tenure), Co-Director, Institute for Global Law, Justice & Policy, 2006-2012 Hoguet Newman Regal & Kenney, LLP: Senior Legal Advisor, 2007-2012 Hebrew University, Faculty of Law: Visiting Professor, 2012 Vanderbilt Law School: Visiting Professor, 2010 City University of Hong Kong School of Law: Visiting Professor, 2008 Simpson Thacher & Bartlett LLP: Associate, 2003-2006 Professional Activities Arbitration Panels Panel of Neutrals, American Arbitration Association (AAA), 2012-present Panel of Neutrals, Singapore International Arbitration Centre (SIAC), 2012-present Panel of Neutrals, International Centre for Settlement of Investment Disputes (ICDR), 2009-present. Panel of Neutrals, Hong Kong International Arbitration Centre (HKIAC), 2009-present. Panel of Neutrals, The International Institute for Conflict Prevention & Resolution (CPR), 2009-present. Learned Societies and Professional Associations American Society of International Law Executive Council: 2010-present; Chair Awards Committee: 2011-present; Co-chair Annual Meeting: 2011; Awards Committee: 2009. American Law Institute Elected Member: 2009-present, Members Consultative Committee on Restatement on International Commercial Arbitration, 2009-present; Members Consultative Committee on Principles of World Trade Organization Law, 2009-present). American Bar Foundation Fellow: 2011-present. Institute for Transnational Arbitration Executive Committee, 2011-present; Co-chair, Annual Meeting, 2011-present, Academic Council: 2008-present. Foreign Policy Association Honorary Fellow, 2007-present. American Bar Association International Law Section, 2009-present. New York State Bar Association Special Counsel, Special Committee on Legal Competency, 2005-2010. New York City Bar Association International Law Committee, 2003-2006; UN Committee, 2003-2006; Standing Committee on International Dispute Resolution, 2006-2009. International Arbitration Club of New York Founding Member, 2010-present. Admissions Member, The State Bar of New York; United States District Courts: Southern District of New York, Eastern District of New York, Western District of New York; United States Appeals Courts: Second Circuit Languages Mandarin	Send to a friend Biography Tai-Heng Cheng, a specialist in international disputes, has wide experience representing corporations and sovereign states in international commercial arbitration, investor-state arbitration, state to state disputes, and U.S. court litigation. He has served as lead counsel, tribunal chair, co-arbitrator, and testifying expert in disputes in almost every continent and under the rules of virtually every major arbitral institution. He is a member of the panels of neutrals of the AAA, ICDR, CPR, SIAC and HKIAC. Additionally, Dr. Cheng has counseled sovereign states on public international law matters, including state succession, treaty interpretation, sovereign immunity, and expropriation. He has also represented clients in international parallel proceedings, as well as in U.S. federal and state court trials and appeals. The chair of a tribunal before which Dr. Cheng appeared as lead counsel, winning full damages and 90% of fees and costs, described Dr. Cheng "as one of the most outstanding advocates" that he had met in over three decades as a U.S. judge and arbitrator. A Stockholm Chamber of Commerce arbitration tribunal described Dr. Cheng's presentation at the hearing as "a remarkably eloquent and intelligent address . . . with which the arbitrators of course full-heartedly agree in all respects." Dr. Cheng is listed as a “rising star” in Euromoney's Guide to the World's Leading Experts in Commercial Arbitration (10th ed.). Prior to joining the firm, Mr. Cheng was a tenured professor of international law in the United States. He is the author of two books and dozens of articles on international law and international arbitration, which the U.S. Federal Circuit and District Courts have cited and relied on as authoritative. Mr. Cheng is bilingual in English and Mandarin. Representative Clients Abu Dhabi Investment Authority Churchill Mining Plc Government of Singapore Investment Corporation Heungkuk Life Insurance HCC Insurance Holdings Mubadala Investment Authority Republic of South Sudan Temasek Holdings Notable Representations Lead counsel for a sovereign wealth fund in a gas dispute of national importance to an Asian country, achieving a favorable settlement before arbitration. Lead counsel for an insurer in a dispute involving thousands of kidnap insurance policies worldwide, including policies covering two kidnapped aid workers in Pakistan, achieving a favorable settlement before litigation. Lead counsel in a JAMS international arbitration on behalf of a foreign asset management company against a financial institution, winning full damages and 90% of fees and costs. Lead counsel for multiple sovereign wealth funds against the U.S. Department of Justice concerning the 2008 financial crisis. Counsel for an English mining company in a $2bn. ICSID bilateral investment treaty arbitration against an Asian state. Counsel for a Middle Eastern sovereign wealth fund against a U.S. major financial institution in a $7.5 billion dispute concerning the fund's "bailout" of the financial institution in an ICDR arbitration, and in related court proceedings. Counsel for a Korean insurance company in a $60 mn. LCIA arbitration against a U.S. major financial institution in a dispute concerning subprime investment, achieving a favorable settlement before the hearing. Counsel in a $400 mn. bilateral investment treaty UNCITRAL arbitration between a mining company and an Eastern European state. Counsel in a $150 mn. ICC arbitration concerning a project agreement between a U.S. corporation and an African state. Counsel in an eight-week federal white collar trial and a subsequent appeal before the US Court of Appeals for the Second Circuit. Counsel for a Taiwanese banker facing white collar crime charges in U.S. federal court relating to a $1.7 bn accounting fraud in Japan. ARBITRAL APPOINTMENTS Chair of an arbitration tribunal in an $8 billion dispute between defense contractors concerning military aircraft intellectual property. Chair of an ICDR international arbitration in a franchise dispute between European and Latin American corporations (wrote the award). Chair of a $50 mn. HKIAC international arbitration in a investment dispute between Chinese and Hong Kong entities, in proceedings in English and Mandarin. Sole arbitrator in a dispute between a U.S. bankruptcy estate and a Taiwanese entity. Co-arbitrator in an UNCITRAL international arbitration between U.S. and Hong Kong corporations. Co-arbitrator in an ICC international arbitration in an intellectual property licensing dispute between Canadian and Japanese corporations. EXPERT AND CONSULTING ENGAGEMENTS Testifying expert in international law in an investor-state ICSID arbitration. Testifying expert and consultant in international law in a $500 mn. SCC investor-state arbitration. Testifying expert in arbitration in a $4 bn. bankruptcy proceeding in Canada. Testifying expert and consultant on international law and U.S. law in Singapore court proceedings to successfully oppose extradition of individuals for conspiracy to defraud the United States. Amicus curiae in a U.S. Federal Court of Appeals case involving a $400 mn. dispute between a hedge fund and sovereign state. Consultant to a Balkan state on matters of state succession. Consultant to an Africa state on succession, oil concessions and expropriation.