Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
As a senior associate in the firm’s international arbitration group, Cherine Foty’s practice is focused on international commercial and investor-state arbitration under a range of arbitral rules and applicable laws. Cherine is a dually qualified common law and civil law lawyer with particular experience in the energy sector, regularly representing clients in gas pricing arbitrations, in cases involving renewables, and in matters relating to ESG, corporate social responsibility, and business and human rights. She also regularly handles complex international disputes across different sectors, including the energy, pharmaceutical, life sciences, mining, construction, luxury goods, quick service restaurant industries, as well as disputes involving shareholder, joint venture, share purchase, technology, and trademark agreements. Cherine has acted for both investors and states in investor-state arbitrations involving public and private international law. In addition, she has significant experience with conservatory and emergency measures as well as the enforcement and annulment of arbitral awards in state courts around the world.
She has represented clients in ad hoc proceedings, arbitrations governed by the United Nations Commission on International Trade Law (UNCITRAL) Rules and lex mercatoria, and before major institutions such as the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), Permanent Court of Arbitration (PCA), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC), the Singapore International Arbitration Centre (SIAC), the Dubai International Financial Centre-LCIA (DIFC-LCIA), and the Cairo Regional Centre for International Commercial Arbitration (CRCICA).
Cherine is a Member of the ICC Commission on Arbitration and ADR. She is the Global Vice President of the Campaign for Greener Arbitrations, a Board Member of ArbitralWomen, and a Co-Founder of ArabArb. She is also the Advisor for Diversity & Inclusion for Arbitrator Intelligence, on the Steering Committee of the International Institute for Conflict Prevention & Resolution’s Y-ADR, and a member of the Rising Arbitrators Initiative and the American Bar Association, International Law Section.
Cherine has been recognized as a Best Lawyers “One to Watch” for France in the field of international arbitration. She speaks five languages and has received High Honors from the Capital Pro Bono Honor Role for her pro bono work.
Counseled a multinational company in an OECD Guidelines for Multinational Enterprises Specific Instance mediation before the United States Department of State National Contact Point regarding due diligence in supply chains.
Representing a global luxury goods supplier in a Brussels-seated ICC arbitration arising under a license agreement governed by French law.
Representing a U.S. pharmaceutical company on pre-award interest and costs allocation matters under the JAMS Rules and California law.
Representing a biopharmaceutical company in a commercial arbitration under the ICC Rules, seated in New York.
Representing a U.S. company in post-award matters under the JAMS Rules, involving California contract and torts law.
Representing California subsidiary of a Swiss parent company in an ICDR arbitration arising under several pharmaceutical manufacturing contracts governed by California law.
Representing a North American mining company in an ICDR arbitration arising from cost plus construction, project management, and construction management agreements in connection with the construction of a mining project in Chile and Argentina.
Representing a global luxury goods supplier in a New York-seated ICC arbitration arising under distribution agreements governed by New York law.
Advising a European gas buyer in consecutive price review negotiations against a North African seller under the terms of two long-term gas supply contracts, related to issues arising from the Covid-19 pandemic, with a cumulative value in dispute in excess of $500 million.
Acted as lead counsel on behalf of an Italian steel construction company in a successful ICC arbitration for contract breach and damages under UNIDROIT Principles.
Represented a Middle Eastern state in two successful ad hoc investment arbitrations under the UNCITRAL Rules concerning two bilateral investment treaties.
Represented a major European natural gas producer in an ad hoc multi-billion dollar gas price review arbitration brought by an eastern European state owned gas utility company under a long-term gas supply agreement, seated in Stockholm.
Assisted a UAE MEP sub-contractor in a DIFC-LCIA construction arbitration against a Middle Eastern main contractor under UAE law.
Represented a major European natural gas producer against two west European buyers in a multi-million dollar ad hoc price review arbitration under the Swedish Arbitration Act, seated in Stockholm.
Assisted two Swiss companies and an American company in a commercial ICC arbitration against a South American company in a trademark and manufacturing process dispute subject to Swiss Law.
Acted for a major European natural gas producer in an ICC price review arbitration against a North West European buyer under a long-term gas supply agreement, with claimed damages exceeding $500 million, seated in Geneva.
Represented a Belgian company in a joint venture banking shareholding ICC arbitration.
Provided legal advice to a major American gas producer on the interpretation of the relevant price review clause in the context of a price review arbitration seated in Singapore, brought by a Japanese buyer under a long-term gas supply agreement.
Represented a Middle Eastern cement company in two post-M&A ICC arbitrations involving a shareholder’s agreement and a share purchase agreement.
Represented a Turkish quick service restaurant franchisee against a French franchisor in an
ICC wrongful termination arbitration seated in Paris involving trademark and intellectual property law.
Defended a French shipbuilder against annulment proceedings before the London High Court brought by Libyan state body and assisted in enforcement proceedings before Italian courts.
Represented a Swiss company in negotiations with a consortium of African States in the mining sector, including drafting JVAs, LOIs, MOUs, NDAs, Term Sheets, and other contractual documents.
Obtained conservatory attachment of opponent’s bank accounts before French courts.
Initiated annulment proceedings before the Paris Court of Appeal of an ICC arbitral award.
Represented two international sub-contractors in a complex ICC construction dispute involving a large-scale, combined cycle power plant.
Represented a Danish company in an ICC arbitration against a sovereign state ministry relating to museum antiquities and follow-up negotiations involving diplomatic officials.
Acted as lead counsel in a consulting services contractual dispute in an ad hoc arbitration under French and California Law on behalf of a French company.
Université Paris 1 Panthéon-Sorbonne - Sorbonne Law School, LL.M., 2011
French and European Law
Fulbright Fellow (France) (2010-2011)
The George Washington University Law School, J.D., 2010
Presidential Merit Scholar
University of Michigan, B.A., 2007
Triple Major in Political Science, Spanish Literature and Anthropology
Dean’s List
Michigan Scholar Award
Martin Luther King Jr. Scholarship
Bar Admissions
District of Columbia
New York
Paris
U.S. District Court, Southern District of New York
Languages
English
French
Spanish
Arabic
Portuguese
Italian
Pro Bono
Kurt Wimmer Media Freedom Pro Bono Initiative
Representing a non-profit company in a matter to obtain FOIA records before the Ninth Circuit
Assisting non-governmental organizations with submission of a stakeholder report on press freedom and freedom of expression for the United Nations Human Rights Council Universal Periodic Review process
Training Program on International Human Rights Law for the Tunisian Bar Association, in collaboration with the Canadian Bar Association and the International Development Law Organization
Representing pro se plaintiff in a race discrimination, hostile work environment, and retaliation lawsuit in NY federal court.
Accolades
Best Lawyers “One to Watch” for France in the field of international arbitration
High Honors, 2021 Capital Pro Bono Honor Role
Memberships and Affiliations
Delegate of the ICC Commission on Arbitration and ADR
Member of the Board of Directors, ArbitralWomen
Vice-President of the Global Steering Committee, The Campaign for Greener Arbitrations
Co-Founder of ArabArb
Member of the Steering Committee, International Institute for Conflict Prevention & Resolution’s Y-ADR
Advisor for Diversity & Inclusion, Arbitrator Intelligence
Member, American Bar Association, International Law Section
Member, American Society of International Law
Member, Rising Arbitrators Initiative
Previous Experience
Professor of Law at Université Paris 2 Panthéon-Assas and Université Paris 1 Panthéon-Sorbonne (Sorbonne Law School) in Paris
Member of the Faculty Research Group at the Institute of Comparative Law in Paris
Law Clerk, Organization of American States – Inter-American Commission on Human Rights, Executive Secretariat (2009)
Law Clerk, U.S. Department of Justice, Civil Division, Federal Torts Claims Act (FTCA) Section (2008)
Law Clerk, U.S. Department of Justice, Civil Rights Division, Voting Rights Section (2008)
Congressional Aide, Congressman John Conyers of Michigan, United States House of Representatives (2005)
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