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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

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Cherine Foty

Associate

Washington +1 202 662 5711

  • About
  • Representative Matters
  • Credentials
  • About

    Cherine Foty advises clients on a broad array of complex international commercial and investor-state arbitrations and non-judicial disputes relating to issues of ESG, business and human rights, and corporate social responsibility. She is a dually-qualified common law and civil law lawyer with particular experience in European-seated arbitrations.

    As a senior associate in the firm’s international arbitration group, Cherine's practice is focused on international commercial and investor-state arbitration under a range of arbitral rules and applicable laws. She has specialized experience in the energy sector, regularly representing clients in gas pricing arbitrations, and in a variety of other industries. Cherine has acted for both investors and states in investor-state arbitrations involving public and private international law, and for states in public international law disputes before international courts. In addition, she has significant experience with conservatory and emergency measures and the enforcement and annulment of arbitral awards in state courts around the world.

    As a member of Covington's Business and Human Rights and ESG practices, Cherine advises clients on a diverse range of non-judicial disputes involving issues of human rights and environmental due diligence, global supply chains, and investor obligations. She assists companies in navigating the complex interplay between disputes, civil liability, reputational risk, external stakeholder engagement, greenwashing allegations, and shareholder claims. Cherine has represented clients in Specific Instance proceedings before OECD National Contact Points for Responsible Business Conduct involving due diligence obligations of companies and investors under the OECD Guidelines for Multinational Enterprises. She has also counseled multinational companies on matters before the United Nations Human Rights Council Working Groups and Special Rapporteurs relating to issues of human rights, the environment, and climate change.

    Cherine is a Delegate to the ICC Commission on Arbitration and ADR and serves on its Working Group for Expedited Procedure Provisions. She is the Global Co-Chair of the Campaign for Greener Arbitrations, a Executive Board Member of ArbitralWomen and Co-Founder of ArabArb. Cherine is on the Annual Meeting Committee of the American Society of International Law (ASIL) and Secretary of the CPR Rules Revision Committee. Cherine also maintains an active pro bono practice assisting civil society organizations and individuals matters involving international human rights law, media freedom, and freedom of expression.

    Cherine is an adjunct professor of international arbitration at The George Washington University Law School and previously taught at the Sorbonne and Assas Law Schools in Paris. Cherine has been recognized by Who’s Who Legal (WWL): Arbitration and as a Best Lawyers “One to Watch” in Alternative Dispute Resolution for Washington, DC and France.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Counseled a multinational company in an OECD National Contact Point Specific Instance proceeding regarding alleged non-observance of provisions of the OECD Guidelines for Multinational Enterprises related to human rights due diligence obligations arising out of business relationships.
    • Advising multinational companies on issues of French Law in commercial, civil, human rights, and environmental proceedings.
    • Representing a global luxury goods supplier in a Brussels-seated ICC arbitration arising under a license agreement governed by French 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.
    • Counseled a multinational company in a United Nations Human Rights Council Special Communications complaint procedure involving issues of ESG, climate change, and net-zero commitments.
    • Counseled a multinational company in an OECD National Contact Point Specific Instance proceeding regarding due diligence in supply chains and alleged non-compliance with humans rights and certain other provisions of the OECD Guidelines for Multinational Enterprises.
    • Represented a company in an annulment proceeding of a investment treaty arbitral award before the Paris Court of Appeal.
    • 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 biopharmaceutical company in a New York-seated commercial arbitration under the ICC Rules, governed by New York law.
    • Represented a Middle Eastern state in two successful ad hoc investment treaty 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 under the UNCITRAL Rules, seated in Stockholm, brought by an Eastern European state-owned gas utility company under a long-term gas supply agreement.

    • Represented a U.S. pharmaceutical company on pre-award interest and costs allocation matters under the JAMS Rules and California law.
    • Represented the California subsidiary of a Swiss parent company in an ICDR arbitration arising under several pharmaceutical manufacturing contracts governed by California law.
    • Represented a U.S. company in post-award matters under the JAMS Rules, involving California contract and torts law.
    • Representing a global luxury goods supplier in a New York-seated ICC arbitration arising under distribution agreements governed by New York law.
    • Represented a major European natural gas producer against two Western 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.
    • Acted as lead counsel on behalf of an Italian steel construction company in a successful ICC arbitration for contract breach and damages under the UNIDROIT Principles.
    • Assisted a UAE MEP sub-contractor in a DIFC-LCIA construction arbitration against a Middle Eastern main contractor under UAE law.
    • 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 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 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.
    • 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 an ICC complex 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.

    Areas of Expertise

  • Credentials
    Education
    • 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
    Pro Bono
    • Kurt Wimmer Media Freedom Pro Bono Initiative.
    • Assist civil society organizations with preparation of report on the situation of lawyers defending journalists and issues of media freedom.
    • Research on French procedural law relating to the rights and obligations of a civil party representing victims in a French criminal proceeding against an individual for their role in wartime atrocities.
    • Assist with affirmative asylum applications on behalf of persecuted journalists to the U.S. Citizenship and Immigration Services.
    • Drafting a petition on behalf of a detained journalist to the United Nations Working Group on Arbitrary Detention.
    • Assisting civil society organizations with United Nations Human Rights Council Universal Period Review stakeholder reports on press freedom and freedom of expression in Vietnam and Cambodia.
    • Representing a non-profit company in a matter to obtain FOIA records before the Ninth Circuit.
    • Assisting non-governmental organizations with a United Nations Human Rights Council Universal Period Review stakeholder report on press freedom and freedom of expression in Cameroon.
    • Contribute to Public International Law & Policy Group Commentary on the International Criminal Court Office of the Prosecutor’s Policy on Children.
    • 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
    • ICC Commission Expedited Procedure Provisions Working Group
    • Global Co-Chair of the Campaign for Greener Arbitrations
    • International Institute for Conflict Prevention & Resolution (CPR) Y-ADR Steering Committee, Sustainability Working Group
    • Member of the Board of Directors, ArbitralWomen
    • Co-Founder and Board Member of ArabArb
    • 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)

    Areas of Expertise

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