Christina L. Beharry

Associate - Washington, D.C.

Christina Beharry
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Contact Information

202.261.7359

202.785.6687

cbeharry@foleyhoag.com Download vCard

Christina Beharry is an associate in the International Litigation and Arbitration Practice.  Christina’s practice focuses on public international law, investor-state and commercial arbitration, and trade and investment policy. Christina has public and private sector experience in international arbitration proceedings conducted before panels administered by the International Centre for Settlement of Investment Disputes (ICSID), the Permanent Court of Arbitration (PCA), the International Chamber of Commerce (ICC), and ad hoc tribunals under the UNCITRAL Arbitration Rules.

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Education:

  • Columbia University School of Law, LL.M., 2003
  • University of Cambridge, LL.M., 2001
  • London School of Economics, LL.B., 2000

Languages:

French, Spanish

Representative Experience

State-to-State Arbitration

  • The Republic of Ecuador v. The United States of America, (PCA Case No. 2012-5). Represented Ecuador in an arbitration under the State-to-State dispute resolution provisions of the Ecuador – U.S. bilateral investment treaty concerning the interpretation and application of Article II(7) of the treaty.

Investor-State Arbitration

  • Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7. Representing Uruguay in an ICSID arbitration concerning regulations on cigarette packaging and health warnings.
  • Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No. ARB/09/12. Representing El Salvador in an ICSID Arbitration brought under a domestic investment law concerning the claimant’s alleged entitlement to a mining exploitation concession and rights to exploration licenses.
  • Rusoro Mining Ltd. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/12/5. Representing Venezuela in an ICSID Additional Facility arbitration against a $3 billion claim brought by a Canadian gold mining company concerning regulations governing mining rights, gold sales, and currency exchanges.
  • Crystallex International Corporation v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/11/2. Representing Venezuela in ICSID proceedings arising from a mining contract brought by a Canadian company under the Canada – Venezuela bilateral investment treaty.
  • Gold Reserve v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/09/1. Representing Venezuela in an ICSID Additional Facility arbitration regarding gold and copper concessions brought by a Canadian-incorporated mining company under the Canada – Venezuela bilateral investment treaty.
  • Provides advisory legal services to the Slovak Republic, the Government of Canada, and the Republic of Ecuador.

Concluded Matters

  • Chemtura Corporation v. Government of Canada (UNCITRAL). Represented Canada in a NAFTA arbitration initiated by a U.S. pesticide manufacturer following the de-registration of lindane products based on health and environmental concerns.  The Tribunal dismissed all claims and awarded Canada its arbitration costs and a portion of its legal fees.
  • Vito G. Gallo v. The Government of Canada (UNCITRAL). Represented Canada in a NAFTA proceeding based on a claim that a statute passed by the Ontario government deprived the U.S. investor of an opportunity to operate a landfill in the province.
  • Merrill & Ring Forestry L.P. v. The Government of Canada (UNCITRAL). Represented Canada in an NAFTA arbitration under the UNCITRAL Arbitration Rules arising out of measures related to the export of logs from Canada.
  • Bilcon of Delaware et al v. Government of Canada (UNCITRAL), PCA Case No. 2009-04. Represented Canada in a NAFTA claim alleging discriminatory treatment accorded to the operators of a basalt quarry and marine terminal development project in Nova Scotia. 
  • Melvin J. Howard, Centurion Health Corp. & Howard Family Trust v. The Government of Canada (UNCITRAL), PCA Case No. 2009-21. Represented Canada in a NAFTA arbitration brought by a U.S. health care service provider which was successfully terminated under the UNCITRAL Arbitration Rules. Canada was awarded its arbitration costs.
  • GL Farms LLC and Carl Adams v. Government of Canada. Represented Canada in a claim filed by a U.S. national under NAFTA Chapter 11 alleging harm to its dairy products business in the province of Ontario.
  • Represented the Government of Canada in several arbitrations under NAFTA Chapter 11 to which the other contracting States were parties, such as The Canadian Cattlemen for Fair Trade v. United States of America and Grand River Enterprises Six Nations, Ltd., et al. v. United States of America.

International Commercial Arbitration

  • Represented a Venezuelan state-owned petroleum company in ICC proceedings brought by a consortium in connection with a breach of contract claim relating to enhanced oil recovery techniques.
  • "CANADA: Joining ICSID – why now and what does it mean?", Global Arbitration Review, March 6, 2014
  • “Objections to Requests for Documents in International Arbitration: Emerging Practices from NAFTA Chapter 11,” ICSID Review – Foreign Investment Law Journal, Volume 27, Issue 1 (2012)

Honors

  • Harlan Fiske Stone Scholar, Columbia University, 2003

Involvement

  • American Society of International Law (ASIL)
  • ICDR Young & International
  • Lincoln’s Inn
  • LCIA Young International Arbitration Group
  • Young Canadian Arbitration Practitioners (YCAP)
  • Panelist, “ICSID Debate: A Negotiator’s Perspective”, International Arbitration Month at Georgetown Law, February 24, 2014
  • Panelist, “Managing the Global Environment Through Trade: WTO, TPP and TTIP Negotiations, and Bilateral Investment Treaties Versus Regional Trade Agreements”, American University International Law Review's Annual Symposium, February 18, 2014
  • Panelist, Annual Post-Graduate Experience Panel, Georgetown International Arbitration Society, October 31, 2013
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Bar Admissions

  • District of Columbia
  • New York
  • Law Society of Upper Canada (Ontario)
  • England and Wales (non-practicing)