Mélida N. Hodgson

Partner - New York

Bio photo for Melida Hodgson
Download Media Photo

Contact Information

646.927.5506

646.927.5599

mhodgson@foleyhoag.com Download vCard

Mélida Hodgson, partner at the firm’s New York office, practices in the international litigation and arbitration group. Her focus is on investor-State and commercial arbitrations, counseling governments and state-owned entities with respect to international investment protection obligations, as well as World Trade Organization dispute resolution and international trade policy issues. She is also 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 frequently speaks at conferences addressing investment and commercial arbitration issues.

More »

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 under a bilateral investment treaty, related to export taxes and the termination of a concession contract (Anglo-American PLC).
  • Defending a Latin American country in an ICSID arbitration regarding an infrastructure project.
  • Defending a Latin American country in an ICSID arbitration brought by European subsidiaries of an Argentine conglomerate under Luxembourgian and Portuguese bilateral investment treaties, related to the steel industry (Tenaris II).
  • 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 (Crystallex).
  • 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 (Gold Reserve).
  • Representing a Latin American country in an annulment proceeding initiated in France, and enforcement proceedings in Luxembourg and United States (Gold Reserve).
  • Successful representation of a Latin American State-owned entity in an ICC arbitration brought by a German company, related to a submarine maintenance and repair contract.
  • Defending a Latin American country in an ICSID (Additional Facility) investor-State arbitration related to gold mining and foreign exchange regulations (Rusoro).
  • Successful defense of 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 (Nova Scotia Power II).
  • Successful defense of 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 joint venture and a mining concession contract (Vannessa Ventures).
  • Successful representation of 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.
  • Successful representation of a Latin American S.O.E. in an ICC arbitration concerning oil exploitation contracts (settled favorably).
  • Successful defense of 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 (Nova Scotia Power I).
  • Defending a Latin American S.O.E. in an ad-hoc arbitration brought by a Canadian company under a bilateral investment treaty, related to a hydrocarbon sales contract.
  • Advised an Asian trade association with respect to claims under various World Trade Organization agreements.
  • Advised a multinational infrastructure investor on U.S. foreign investment review rules.
  • Advised a Southeast Asian country on U.S. bilateral investment treaty provisions.
  • Participation in successful defense of the United States in a NAFTA Chapter 11 investment arbitration brought by a Canadian company, related to California environmental regulations.
  • Participation in successful defense of the United States in a NAFTA Chapter 11 investment arbitration brought by a Canadian company, related to U.S. judicial actions.
  • Participation in successful defense of 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.
  • Successful defense of the United States in a WTO arbitration brought by India related to rules of origin on textile and apparel products.
  • Successful defense of the United States in a WTO arbitration brought by the European Union related to intellectual property rights.
  • Successful defense of the United States in a WTO arbitration brought by the European Union related to port taxes (matter settled).
  • Successful representation of the United States in a WTO arbitration related to the Antidumping Agreement.
  • Representation of the United States in ad hoc arbitrations under the 1996 Softwood Lumber Agreement.

Arbitrator Experience

  • Arbitrator, In The Matter of Stainless Steel Sheet and Strip in Coils from Mexico – Five Year Review of Antidumping and Countervailing Duty Orders – Injury (USA-MEX-2005-1904-06). 
  • Arbitrator, In The Matter of Stainless Steel Sheet and Strip Coils from Mexico (USA-MEX-2008-1904-03).
  • Arbitrator, In The Matter of Light-Walled Rectangular Pipe and Tube from Mexico (USA-MEX-2008-1904-03).

Foley Hoag Alerts & Updates

Honors

  • Invited to serve on American Arbitration Association/ICDR's International Panel of Arbitrators
  • Chosen to serve as Arbitrator in NAFTA Chapter 19 Disputes
  • Named to Indicative List of WTO Panelists
  • Named one of the top 50 Female lawyers focused on Latin America by Latinvex (2016 and 2015) (International Arbitration)
  • Named in the Legal 500 Latin America (2014)
  • Mentioned in GAR 30 (2016 and 2013) and GAR 100 (2015)
  • Guest Professor, Washington College of Law, Investment Arbitration online course, Washington, D.C., Fall 2016
  • Adjunct Professor, Washington College of Law, American University, Washington, D.C., “Investor/State Dispute Resolution,” Fall 2009, 2010 

Involvement

  • Founding Member, Washington Women in International Arbitration
  • BASIL Task Force, American Society of International Law
  • Member, American Bar Association (ABA):
    • Former Division Chair, Finance Division of International Law
    • Former Chair and Vice-chair, Investment and Development Committee
    • Former Co-chair, International Trade Committee
    • Former Vice-chair, International Arbitration Committee
  • Member, Hispanic National Bar Association
  • Speaker, New York City Bar Association, Women in International Law, New York, New York, November 14, 2016
  • Moderator, International Law Weekend, New York, New York, October 28, 2016, “Towards Chaos in Investment Arbitration”
  • Speaker, American Bar Association Section of International Law, Fall Meeting, Tokyo, Japan, October 21, 2016 “TPP and Investment Protection”
  • Speaker, Institute for International and Comparative Law Symposium on Global Markets, Plano, Texas, June 14, 2016, “A conversation about Trade and Investment"
  • Speaker, Tenth Latin America Arbitration Conference, Lima, Perú, April 27, 2016, “Temas corrientes en el arbitraje de inversión”
  • Speaker, Second GAR Live BITs, Washington, DC, April 18, 2016, “Impact of Mega Treaties”
  • Speaker, 32nd ICSID/AAA/ICC Joint Colloquium on International Arbitration, Washington, DC, December 1, 2015, “Appellate and Review Mechanisms”
  • Speaker, “ICSID at 50: The Evolution of International Investment Treaties and Dispute Resolution” conference (jointly organized by Xi’an Jiaotong University and World Bank’s ICSID), Xi’an, China, November 26, 2015, “Procedural Innovations”
  • Speaker, International Law Weekend, New York, NY, November 7, 2015, “A Critical Look at Motions to Disqualify Arbitrators”
  • Speaker, 13th ICC Americas Conference, Miami, Florida, November 3, 2015, “The Law as a Primary Tool”
  • Speaker, ABA Section of International Law, Fall Meeting, Montreal, Canada, October 22, 2015, “Evidence in International Arbitration and Implications for Confidentiality”
  • Speaker, Hispanic National Bar Association Annual Convention, Boston, Massachusetts, September 4, 2015, “New Developments in International Arbitration”
  • Speaker, Ninth Latin America Arbitration Conference, Lima, Perú, April 28, 2015, “La Prueba en el arbitraje: La influencia del Common Law en el proceso arbitral”
  • Speaker, Annual Congress of the American Society of International Law, Washington, D.C., April 10, 2015, “Transparency and Due Process in International Economic Law”
  • Speaker, 2014 Investor-State Dispute Settlement Seminar, organized by the Korean Commercial Arbitration Board, the Korean Ministry of Justice, Ministry of Trade, Industry & Energy and the Seoul International Dispute Resolution Center, Seoul, Korea, August 20, 2014, "Necessity and Financial Crisis"
  • Speaker, American Society of International Law Conference, April 11, 2014, “International Trade Law and International Investment Law: Complexity and Coherence”
  • Speaker, Symposium hosted by ABA Section of International Law, ICSID and LCIA, April 23, 2013, “Complex Issues in International Arbitration”
  • Speaker, The New York Chapter of the Inter-American Bar Association and the Irish- American Bar Association of New York: Bernardo O’Higgins Memorial Lecture, March 18, 2013, “Ethical Challenges for a Globalized Legal Profession: Experiences and Tips for the Practice of Law Across Borders”
  • 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, Arequipa, Perú, August 28, 2012, "Arbitraje de Infraestructura y Minería"
  • Speaker, Second Singapore IIA Conference on Investment Arbitration, Sentosa, Singapore, May 31, 2011, "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.
Translate
Add to Bio Folder

Download Bio

English French Spanish

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. District Court for the District of Columbia
  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade