Esti Tambay’s practice focuses on international arbitration and complex commercial and international litigation.

Esti has extensive experience in representing multi-national companies in international commercial arbitration proceedings before the leading arbitral institutions, including the ICC, the ICDR, and the LCIA. She has advised clients in analyzing potential arbitration claims and in drafting arbitration clauses for both domestic and international commercial transactions. She also has experience in complex cross-border litigation and has represented sovereign governments and foreign individuals and entities before U.S. courts, including participating in a multi-day jury trial that ultimately led to a complete victory for the client.

Esti joined the firm in 2010. Previously, she worked for the NGO Coalition for the International Criminal Court (CICC).

Notable Experience

Arbitration

  • Defense company in an ICDR arbitration in New York over wrongful termination of a licensing and development agreement governed by New York law.

  • Vitro Flat Glass LLC, in an ICC arbitration against Fuyao Glass Illinois, Inc. and Fuyao Glass America, Inc., in relation to the latter’s alleged breach of an exclusive sales agreement, including Emergency Arbitrator proceedings as well as parallel injunction proceedings in the U.S. District Court for the Northern District of Illinois.

  • One of the world’s largest mineral and mining companies in an LCIA arbitration seated in London (award pending) in connection with a dispute arising out of a joint venture agreement related to a West African project and involving allegations of bribery.

  • Western Digital’s subsidiary, SanDisk, in a high-stakes arbitration against Toshiba regarding transfer consent rights in joint ventures worth billions of dollars.

  • Grupo Cementos de Chihuahua, S.A.B. de C.V. and GCC Latinoamérica, S.A. de C.V.,  in opposing confirmation proceedings brought in the U.S. District Court for the District of Colorado to recognize and confirm an arbitral award issued under the auspices of the Inter-American Commercial Arbitration Commission in Bolivia.

  • Miscellaneous clients in analyzing potential arbitration claims, including a Latin American pharmaceutical company in filing an ICC arbitration claim against a prior joint venture partner over the alleged breach of non-compete obligations.

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Litigation

  • Vale before the U.S. District Court for the Southern District of New York in the successful dismissal with prejudice of a lawsuit brought by  Rio Tinto plc, alleging that defendants conspired to steal Rio Tinto’s mining rights at the Simandou mountain range in the Republic of Guinea in violation of the Racketeer Influenced and Corrupt Organizations Act.

  • Art collector in a breach of contract dispute involving the purchase and sale of a Mark Rothko painting, including a jury trial in the Northern District of Texas and ultimately a successful motion for judgment as a matter of law. 

  • The Democratic Republic of Congo in an opposition to a Magistrate Report and Recommendation on damages in connection with a lawsuit in the Southern District of New York brought by sovereign debt creditors.

  • Alpha Natural Resources in reaching a comprehensive settlement with the United States Department of Justice resolving potential corporate criminal and civil liability related to the Upper Big Branch Mine tragedy.

  • Plaintiff in a jury trial in the Eastern District of New York in a Section 1983 excessive force case.  

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Selected Activities

  • Member, Young ICCA (International Council for Commercial Arbitration)
  • Member, Arbitration Committee, International Bar Association
  • Member, Young Arbitrators Forum, International Chamber of Commerce (ICC YAF)
  • Member, ArbitralWomen
  • Managing Editor, Harvard International Law Journal
  • Alien Tort Statute litigation at Harvard Human Rights Clinic

Publications

“Who decides arbitrability? The U.S. Supreme Court’s latest words,” International Bar Association, Special E-Newsletter, March 4, 2019

Supreme Court Confirms Arbitrators Decide Threshold Issues,” Cleary Gottlieb Alert Memo, January 9, 2019

“Class Action Arbitration Opinions Focus on Party Autonomy,” New York Law Journal (August 19, 2013)

“International Discovery,” The Year in Review, The International Law Section of the American Bar Association (2011, 2012, 2014)

“Arbitration Jursidiction-by-Jursidiction Survey,” Lexology Navigator, Consulting Editor (2013-14)

Events

14 November 2018, “Fundamentals of Corporate Law Series - International Arbitration,” Columbia Law School

6 November 2018, “What Does Diversity Bring to Arbitration,” Cleary Gottlieb (Organizer)

13 April 2018, “Current issues in the enforcement of international arbitral awards in the United States,” Cornell Law School

1 November 2017, “Fundamentals of International Arbitration,” Columbia Law School