Foley Hoag Attorneys Mark Clodfelter and Diana Tsutieva Co-Author Chapter in Investor-State Arbitration Guide by Oxford Press

August 15, 2018

Foley Hoag LLP partner Mark Clodfelter and associate Diana Tsutieva have written a chapter in Arbitration Under International Investment Agreements: A Guide to the Key Issues, recently released by Oxford Press.

Their chapter, entitled "Counterclaims in Investment Treaty Arbitration," explores the functionality of applicable procedural rules as bases for an investment arbitration tribunal’s authority to hear counterclaims under the two main regimes: the International Centre for Settlement of Investment Dispute (ICSID) Convention and Arbitration Rules and the United Nations Commission on International Trade Law Arbitration Rules.

This new edition provides comprehensive coverage of the procedural and substantive aspects of investor-state arbitration; challenges to arbitrators; and counterclaims in investment treaty arbitration. It also offers commentary from a variety of contributors who are among the most renowned specialists in the field, from private practitioners and academics to government and NGO officials.

Clodfelter and Tsutieva are both members of Foley Hoag's International Litigation and Arbitration Department. Clodfelter has considerable experience involving investor-State, State-to-State and commercial disputes before numerous international arbitration fora. He has acted as arbitrator and has represented a wide range of governmental and private parties before panels of the ICSID, PCA, ICC, SCC, AAA and under the UNCITRAL Arbitration Rules. Tsutieva focuses her practice on international investment arbitration, public international law matters and international commercial arbitration. She has particular experience representing States, State-owned and private entities and individuals in international disputes.

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