Joseph E Neuhaus

Practice Areas

Litigation; Antitrust; Energy & Natural Resources; Intellectual Property & Technology Litigation; International Arbitration and Global Dispute Resolution; Latin America; Mining & Metals; Oil & Gas; Project Development & Finance

Career

Joseph Neuhaus is an independent arbitrator and has served as chair, co-arbitrator and sole arbitrator in more than 35 arbitrations since his first appointment in 2001. He was a partner in the litigation group of Sullivan & Cromwell LLP for 30 years, from 1992-2021, and served as head of the firm’s arbitration group. A Fellow of the Chartered Institute of Arbitrators (FCIArb), Mr. Neuhaus has had leadership roles in numerous arbitral institutions and organizations. Mr. Neuhaus co-chaired the International Bar Association Arbitration Guidelines and Rules Subcommittee when it revised the IBA Rules of Evidence; was chair of the Institute for Transnational Arbitration and remains on the ITA’s Executive Committee; and also chaired the New York City Bar Association’s International Commercial Disputes Committee and has led various projects for that Committee. He is an adjunct professor at NYU Law School, teaching Professional Responsibility.

A graduate of Dartmouth College and Columbia Law School, Mr. Neuhaus was Editor-in-Chief of the Columbia Law Review and clerked for Justice Lewis F. Powell, Jr. of the United States Supreme Court and for Judge Howard M. Holtzmann on the Iran-United States Claims Tribunal.

Professional Memberships

Fellow, Chartered Institute of Arbitrators; International Bar Association Arbitration Guidelines and Rules Subcommittee, Co-Chair, 2020-2022 (responsible for revision of IBA Rules of Evidence); Private Sector Adviser on the United States Delegation to the United Nations Commission on International Trade Law (UNCITRAL) Working Group on Arbitration, Vienna 2000, New York 2001, 2002 and 2006, Vienna 2010, New York and Vienna 2012-2016, New York 2018; Institute for Transnational Arbitration, Executive Committee member – current, Chair (June 2018 – June 2021),

Vice Chair (2005 – 2018), Program Co-Chair (2000-2005), Workshop Co-Chair (2000);

Board of Directors, CPR Institute for Conflict Prevention and Resolution, 2016-2023;

Board of Directors, 2012-2016, Council, 2016-2023, American Arbitration Association;

Executive Committee, New York International Arbitration Center, 2012-2019;

Chair, International Commercial Dispute Committee of the New York City Bar Association (2013-2016), Member (2012-2013, 2016-present); Counsellor, American Society of International Law, 2016-2022; Member of the United States Delegation to UNCITRAL at its Eighteenth Session in Vienna at which the Model Law on International Commercial Arbitration was adopted, 1985; Member of UNCITRAL Arbitration Expert Group, 2001; Adjunct Professor of Law, NYU Law School (teaching Professional Responsibility), January 2018-present; Chair, Committee on Standards of Attorney Conduct (COSAC) of the New York State Bar Association (2010-2014), Member (2009-2010, 2014- present); Chair, Committee on Professional Ethics of the New York State Bar Association (2005-2008), Member (2001-2005, 2008-present); Member, Committee on Professional and Judicial Ethics of the New York City Bar Association, 1996-1999, 2004-2007, 2009-2011; Member of the American Bar Association and American Society of International Law; Member, Columbia Law School Board of Visitors, 2013-present;

Member, American Law Institute, 2011-present.

Personal

Dartmouth College (AB, 1979); Columbia Law School (JD, 1982); Law Clerk to Hon. Carl McGowan, U.S. Court of Appeals for the D.C. Circuit (1982-1983); Hon. Lewis F. Powell, Jr., U.S. Supreme Court (1983-1984); Howard M. Holtzman, Iran-U.S. Claims Tribunal (1984-1985).

Publications

“Awards of Costs in International Arbitration in New York: Current Approaches and Best Practices,” Report of New York City Bar Association Committee on International Commercial Disputes, June 2024 (Co-Chair)

“Procedures for Asserting and Evaluating Privilege Claims in International Arbitration,” Report of New York City Bar Association Committee on International Commercial Disputes, October 2023 (Chair and Principal Drafter)

“Presumptive Confidentiality in Arbitration Rules” in “Pro-Arbitration” Revisited (2023)

“The Virtues of Episodic Justice” in Reflections on International Arbitration: Essays in Honour of Professor George Bermann (2022)

Co-Editor, GAR Guide to Evidence in International Arbitration (2021, 2023)

Co-Author, “The 2020 IBA Rules on the Taking of Evidence in International Arbitration: A History and Discussion of the 2020 Revisions,” in GAR Guide to Evidence in International Arbitration (2021)

“The Enforceability of Legislative Stabilization Clauses,” in Practising Virtue: Inside International Arbitration (Charles N. Brower Festschrift) (2015)

Co-Author with Howard M. Holtzmann, Edda Kristjansdottir & Thomas W. Walsh, A Guide to the 2006 Amendments to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary (2015)

“U.S. Developments in Class Action Arbitration: What Comes Next?” in The Arbitration Review of the Americas (2011)

“Arbitration Under Expedited Discovery Procedures: What Are the Sacrifices?” in The Arbitration Review of the Americas (2010)

“Non-party Discovery in the United States,” in The Arbitration Review of the Americas (2009)

“The Autonomy of the Arbitration Agreement: Some Thoughts on the U.S. Experience,” in ICCA Yearbook (2006)

“Current Issues in the Enforcement of International Arbitration Awards,” 34 University of Miami Inter-American Law Review 23 (2004)

“Settlement and Release,” in Commercial Contracts: Strategies for Drafting and Negotiating (2001, 2014)

Co-Author with Howard M. Holtzmann, A Guide to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary (1989)

Languages Spoken

English

Education