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Tom Johnson is a senior counsel whose practice centers on international litigation, including land and maritime boundary disputes, international investment disputes, and international commercial arbitrations. He also advises clients concerning the application of the Foreign Corrupt Practices Act and questions of public international law. He is an adjunct professor at the Columbia Law School, where he teaches a course on international investment law, and until last year, served by Presidential appointment on the United States Panel of Arbitrators for ICSID arbitrations.
Boundary Disputes
In his boundaries practice, Mr. Johnson advises governments, oil companies, and other interested parties concerning actual and potential boundary disputes. He represented Eritrea in proceedings before a special tribunal in The Hague that adjudicated that country's land-boundary dispute with Ethiopia. He also has advised Vietnam in connection with its dispute with China concerning maritime boundaries in the South China Sea.
International Investment Disputes
Mr. Johnson has represented claimants in arbitrations before the Iran-U.S. Claims Tribunal and in arbitrations conducted under the rules of the International Center for Settlement of Investment Disputes (“ICSID”), the Stockholm Chamber of Commerce, and the UN Commission on International Trade Law (“UNCITRAL”). He currently represents shareholders in the Yukos Oil Company in an arbitration against the Russian Federation and an Israeli company in a dispute with Uzbekistan.
International Commercial Arbitrations
Mr. Johnson has recently represented an agency of the United States government in commercial disputes related to certain American investments in Indonesia as well as private and sovereign investors in a large Asian investment fund in an arbitration against the manager of the fund.
Foreign Corrupt Practices Act
Mr. Johnson has advised major corporations concerning the Foreign Corrupt Practices Act since the Act's passage in 1977. He counsels clients with respect to proposed transactions, conducts internal investigations, advises with respect to disclosure issues, seeks advance rulings from the Department of Justice, and represents clients in Department of Justice criminal investigations and SEC enforcement actions.
Public International Law
Mr. Johnson has advised sovereigns concerning the interpretation of treaties governing the exploitation of cross-border water resources and has represented sovereigns in asserting and defending against claims related to violations of the laws of war. He also has advised companies in the oil and other extractive industries concerning the rights of belligerent occupants to exploit the natural resources of occupied territory and the rights of administering powers to exploit the natural resources of dependent territories.
Arbitrations on the Public Record in Which Mr. Johnson Has Served as Counsel:
- Permanent Court of Arbitration (Special Boundary Commission established under Peace Agreement of December 2000):
- Ethiopia v. Eritrea (2002)
- Iran-U.S. Claims Tribunal
- Amoco Iran Oil Company v. Islamic Republic of Iran (1990) (largest of all claims presented to the Tribunal)
- Amoco International Oil Company v. Islamic Republic of Iran (1990)
- Westinghouse v. Islamic Republic of Iran (1997)
- Avco v. Islamic Republic of Iran (2001)
- International Centre for Settlement of Investment Disputes (ICSID)
- Mine Or v. Republic of Peru (1998)
- Newmont Mining v. Uzbekistan (2007)
- Phoenix Action Ltd. v. Czech Republic (2009)
- Metal-Tech Ltd. v. Uzbekistan (pending, filed 2010)
- Arbitration Institute of the Stockholm Chamber of Commerce
- Newmont Mining v. Navoi Mining and Metallurgical Combine, et al. (2007)
- Renta 4, et al. (investors in Yukos Oil Company) v. Russian Federation (pending, filed 2007)
- Ad Hoc Arbitrations Under UNCITRAL Rules
- Republic of Indonesia v. PT Newmont Nusa Tenggara (2009)
Previous Experience
- Office of the Legal Adviser, United States Department of State
Honors and Rankings
- Best Lawyers in America, International Arbitration (2008-2011)
- Chambers USA, International Trade - FCPA Expert (2009-2011)
- Legal 500, International Arbitration (2009-2010)
- Ethisphere Magazine, Attorneys Who Matter, FCPA (2009-2010)
- The International Who's Who of Commercial Arbitration Lawyers (2008-2010)
- Washington DC Super Lawyers, International (2008-2010)
- Euromoney's Expert Guide to the World's Leading Experts in Commercial Arbitration (2009)
- He has been described as “‘absolutely in the topmost group of counsel ever experienced’” in Arbitration (Legal 500 US, 2009) and “one of the more prominent figures in the area” for FCPA (Chambers US 2009)
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