Mélida N. Hodgson

Partner - Washington, D.C.

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Contact Information

202.261.7331

202.467.9631

mhodgson@foleyhoag.com Download vCard

Mélida Hodgson, partner at the firm’s Washington, D.C. office, practices in the international litigation and arbitration group. Her focus is on investor-State arbitrations, as well as counseling governments and state-owned entities with respect to international investment protection obligations, World Trade Organization dispute resolution, and international trade policy issues, including compliance with United States national security review of foreign investment. She also serves as an arbitrator of international trade disputes initiated under Chapter 19 of the NAFTA and was appointed to the list of panelists eligible to hear WTO disputes.  Mélida is frequently invited to speak at conferences addressing investment and commercial arbitration issues.

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Education:

  • New York University School of Law, J.D., 1992
  • Vassar College, B.A., 1985

Languages:

Spanish, French

Representative Experience

  • Defending a Latin American country in an ICSID (Additional Facility) investor-State arbitration brought by a Canadian company under a bilateral investment treaty, related to a concession contract.
  • Defending a State-owned entity of a Latin American country in an ICC arbitration brought by a German company, related to a maintenance and repair contract.
  • Defending a Latin American country in an ICSID (Additional Facility) investor-State arbitration brought by a Canadian gold mining company under a bilateral investment treaty.
  • Defending a Latin American country in an ICSID (Additional Facility) investor-State arbitration related to gold mining and foreign exchange regulations.
  • Defending a Latin American country in a Stockholm Chamber of Commerce investor-State arbitration brought by a European joint venture under a bilateral investment treaty, related to a transportation project.
  • Defending a Latin American country in an UNCITRAL investor-State arbitration brought by a Canadian company under a bilateral investment treaty, related to a hydrocarbon sales contract.
  • Defending a Latin American country in an ad-hoc arbitration brought by a Canadian company under a bilateral investment treaty, related to a hydrocarbon sales contract.
  • Arbitrator, NAFTA Chapter 19 Bi-national Panel examining an antidumping review related to imports of Mexican steel into the United States.
  • Arbitrator, NAFTA Chapter 19 Bi-national Panel examining an antidumping review related to imports of Mexican steel products into the United States.
  • Arbitrator, NAFTA Chapter 19 Bi-national Panel examining an antidumping determination with respect to a light-walled rectangular pipe and tube imports from Mexico to the United States.
  • Advising a Southeast Asian trade association with respect to claims under various World Trade Organization agreements.
  • Advising a multinational infrastructure investor on U.S. foreign investment review rules.
  • Advising a Southeast Asian country on U.S. bilateral investment treaty provisions.
  • Defending the United States in a NAFTA Chapter 11 investment arbitration brought by a Canadian company, related to California environmental regulations.
  • Defending the United States in a NAFTA Chapter 11 investment arbitration brought by a Canadian company, related to U.S. judicial actions.
  • Defending the United States in a NAFTA Chapter 11 investment arbitration brought by a Canadian company, related to U.S. Buy American laws and a transportation project.
  • Defending the United States in a WTO arbitration brought by India related to rules of origin on textile and apparel products.
  • Defending the United States in a WTO arbitration brought by the European Union related to intellectual property rights.
  • Defending the United States in a WTO arbitration brought by the European Union related to port taxes.
  • Representing the United States in a WTO arbitration related to the Antidumping Agreement.
  • Quoted in LATIN LAWYER, August 6, 2008.
  • Quoted in INSIDE TRADE regarding a possible bilateral investment treaty between the United States and Brazil, February 15, 2008.

Honors

  • Chosen to serve as Arbitrator in NAFTA Chapter 19 Disputes
  • Named to Indicative List of WTO Panelists

Involvement

  • Co-chair, ABA Section of International Law Spring 2013 Meeting, Washington, D.C.
  • Adjunct Professor, Washington College of Law, American University, Washington, D.C., “Investor/State Dispute Resolution,” Fall 2009, 2010
  • Former Division-chair, Finance Division, American Bar Association Section of International Law
  • Former Co-chair, International Investment and Development Committee, and Former Vice-chair, International Trade Committee, American Bar Association Section of International Law
  • Member, Washington Arbitration Club
  • Member, National Arbitration Committee of the United States Council for International Business
  • Member, Hispanic National Bar Association
  • Speaker, DC Bar International Dispute Resolution Committee Program, November 29, 2012, “Using International Trade Law to Enforce International Arbitration Awards.”
  • Speaker, Primer Congreso Regional de Arbitraje, August 28, 2012, Arequipa, Perú, "Arbitraje de Infraestructura y Minería."
  • Speaker, Second Singapore IIA Conference on Investment Arbitration, May 31, 2011, Sentosa, Singapore, "Competing Views of Necessity." 
  • Speaker, Fifth Latinamerican Congress on Arbitration, Lima, Peru, April 28, 2011, “Arbitrator Challenges” (delivered in Spanish).
  • Speaker, Washington College of Law, American University, Washington D.C., October 14, 2010, Seventh Annual Seminar on International Commercial Arbitration "Practical Aspects Regarding the Enforcement of Arbitrative Awards."  
  • Speaker, ICC Young Arbitrators Forum, Washington, D.C., July 20, 2010, "Arbitration with States and State Entities under Contracts and Treaties."
  • Moderator and Speaker, ABA Section of International Law, Fall Meeting, Miami, FL, October 30, 2009, "Elements of a CAFTA Appellate Mechanism."
  • Testimony at hearing, July 29, 2009, and written comments, July 31, 2009, Public Meeting on the Review of the Model U.S. Bilateral Investment Treaty, United States Department of State and U.S. Trade Representative, available at www.regulations.gov
  • Moderator, ABA Section of International Law, Spring Meeting, Washington, D.C., April 16, 2009, "20th Century Economic Nationalism or Essential Security in the 21st Century? An Analysis of Foreign Investment Restriction Laws in Germany, Canada, the U.S. and China." 
  • Moderator and Speaker, ABA Section of International Law, Fall Meeting, Brussels, Belgium, September 24, 2008, "Foreign Investment Dispute Arbitration." 
  • Presentations at ABA Section of International Law Spring Meeting, New York, April 2008: (1) Investment Arbitration in Latin America and (2) Complex Disputes and the World Trade Organization’s Dispute Settlement System. 
  • Presentation at the Inter-American Bar Association meeting on establishing and protecting investments in the United States, Miami, Florida, March 8, 2008.
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Bar Admissions

  • New York
  • District of Columbia

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade