Since its founding Covington has represented foreign governments and international organizations on a wide range of international legal and domestic law issues. We advise on treaties (including bilateral investment treaties) and customary international law and represent parties in US courts and those courts of other countries and in international arbitral proceedings. Our substantive expertise includes treatment of foreign investment, boundaries, jurisdiction, foreign state immunity, and the act of state doctrine.
In US litigation, the firm has considerable expertise in developing a comprehensive strategy for foreign governments and state enterprises that wish to minimize, to the extent feasible, the expense and potential interference with other activities that can result from suits filed against in US courts. Our analysis in such cases includes careful consideration of a range of defenses and potentially available procedural actions including those based on personal and subject matter jurisdiction, the Foreign Sovereign Immunities Act, forum non conveniens, limitations on jurisdictional and other discovery.
In international arbitral proceedings, the firm also has broad experience in including cases before the International Centre for Settlement of International Investment Disputes (ICSID) in claims arising under bilateral investment treaties. Whether in ICSID or before ad hoc tribunals, we have become expert on the complex procedural rules that apply to international arbitral proceedings. In these matters, our efficiency is enhanced by drawing upon extensive completed research on the substantive jurisprudence in international law relating to matters such as expropriation, and fair and equitable treatment of foreign investment.
Finally, the firm has the capacity and experience to seek on behalf of foreign governments a legislative solution to those issues such as federal regulatory matters that cannot be resolved through litigation.
Representative Matters
- Hashemite Kingdom of Jordan -- representing the government in the ICSID proceeding brought by JacobsGibb Limited and assistance in the successful negotiation of a settlement agreement relating to this proceeding and related litigation in the courts of Jordan.
- Republic of Cyprus -- representation of the government and its Embassy in Washington with advice, counsel, and support on its relations with the U.S. Congress, the Executive Branch, and the media. Our work has included US legislative proposals affecting Cyprus, federal appropriations for US-sponsored programs in Cyprus, relations with Executive Branch agencies on bilateral initiatives, and matters of international law.
- State of Eritrea -- representation in the international arbitration of its border dispute with neighboring Ethiopia and assisting the Eritrean government with other matters such as the litigation of claims by and against Eritrea arising from its war with Ethiopia and the drafting of a national civil service code.
- Grand Duchy of Luxembourg -- representation in obtaining dismissal on jurisdictional grounds including Foreign Sovereign Immunities Act and choice-of-court provisions of a suit filed in the United States District Court for the Eastern District of Virginia and affirmance by the United States Court of Appeals for the Fourth Circuit against that government by a United States plaintiff who sought over $200 million in damages.
Accolades
- Stuart Eizenstat has held a number of key positions during his decade and a half of government service. From 1977 to 1981 he was President Jimmy Carter’s Chief Domestic Policy Adviser and Executive Director of the White House Domestic Policy Staff. In the Clinton Administration he was Deputy Treasury Secretary, Under Secretary of State for Economic, Business and Agricultural Affairs and Under Secretary of Commerce for International Trade. He was Ambassador to the European Union from 1993 to 1996. He received the highest departmental awards for his service from Secretary of State Christopher, Secretary of State Albright, and Secretary of the Treasury Summers. For his work and his other accomplishments he has received the Courage and Conscience Award from the Israeli government, the Knight Commander's Cross (Badge and Star) of the Order of Merit of the Federal Republic of Germany, and the French Legion of Honor from the Government of France.
- Peter Trooboff serves as president, American Society of International Law and member Board of Editors (12 years), American Journal of International Law.
- Oscar Garibaldi was selected to the United States list of prospective arbitrators for the World Bank’s International Centre for the Settlement of Investment Disputes.
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