Christina L. Beharry

Counsel - 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 attorney 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. She 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.

She has represented clients in Asia, Central and South America, Europe, and North America in disputes involving various industries including mining, oil and gas, renewable energy, chemical manufacturing, agriculture, forestry, healthcare, telecommunications, and tobacco. Christina provides advice on a broad range of international matters, including reparations, economic sanctions, maritime delimitations, jus in bello, treaty interpretation, human rights, and international environmental law.

Christina works extensively with experts on complex financial matters relating to the valuation of businesses, environmental damage, and compensation for adverse human health impacts. She has repeatedly assumed responsibility for damages arguments in high-stakes disputes with claims in excess of US$ 1 billion.  In addition, Christina publishes regularly on compensation and valuation topics and has recently edited a book entitled Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration (Brill Nijhoff, 2018). 

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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

  • Guyana v. Venezuela (Case Concerning the Arbitral Award of 3 October 1899). Counsel to Guyana in a case brought to confirm the international boundary between the two States as determined by an arbitral award whose validity Venezuela has challenged. 
  • The Republic of Djibouti v. State of Eritrea (African Commission on Human and Peoples’ Rights).  Counsel to Djibouti in an inter-State proceeding involving Eritrea’s detention of Djiboutian prisoners of war.
  • 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.
  • Ghana v. Côte d’Ivoire (ITLOS). Counsel to Ghana in a case concerning the maritime boundary in the Gulf of Guinea.

Investor-State Arbitration

Bilateral Investment Treaty / Foreign Investment Law Cases

  • Thomas Gosling and others v. Republic of Mauritius, ICSID Case No. ARB/16/32. Representing Mauritius in an ICSID arbitration concerning real estate developments and the designation of the Le Morne area as a UNESCO World Heritage Site.
  • Ritika Mehta et al v. Oriental Republic of Uruguay (UNCITRAL). Representing Uruguay in an UNCITRAL arbitration concerning an iron ore mining project
  • Italba Corporation v. Oriental Republic of Uruguay, ICSID Case No. ARB/16/9. Representing the Oriental Republic of Uruguay in an ICSID proceeding brought under the US-Uruguay bilateral investment treaty in connection with the telecommunications industry. 
  • 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. Represented Uruguay in an ICSID arbitration concerning regulations on cigarette packaging and health warnings.
  • Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited (“Bapex”) and Bangladesh Oil Gas and Mineral Corporation (Petrobangla), ICSID Case No. ARB/10/11 and ICSID Case No. ARB/10/18. Representing Respondents in an ICSID arbitration regarding the claimant’s request for a declaration that the claimant is not liable for any damage caused by two blowouts in a gas field in Bangladesh.
  • Enel Green Power S.p.A. v. Republic of El Salvador, ICSID Case No. ARB/13/18. Represented El Salvador in an ICSID Arbitration concerning a geothermal energy project.
  • Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No. ARB/09/12. Represented 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. Represented 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.
  • TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/12/23. Represented Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of their Venezuelan subsidiaries involved in the steel industry.
  • Merck Sharpe & Dohme (I.A.) v. The Republic of Ecuador (UNCITRAL). Advises Ecuador in an UNCITRAL arbitration under the Ecuador-U.S. bilateral investment treaty relating to alleged treatment of a foreign investor by the Ecuadorean judiciary.
  • Murphy Exploration and Production Company International v. Republic of Ecuador (ICSID). Advised Ecuador in relation to a dispute arising from changes in domestic legislation pertaining to the exploitation of oil resources in Ecuador.
  • Crystallex International Corporation v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/11/2. Represented 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. Represented 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.

NAFTA Cases

  • 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.
  • Janet Marie Broussard Shiell, William Shiell IV, and William Shiell V v. Government of Canada. Represented Canada in a claim filed by U.S. nationals in relation to alleged conduct of agencies and departments of the Canadian and Quebec governments arising out of and resulting in the bankruptcy of their wholly-owned company, Brokerwood Products International (Canada) Inc.
  • 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, including 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 Advisory Matters

  • Provided analysis of best practices on National Action Plans on Business and Human Rights and corporate social responsibility legislation governing outbound foreign investment. 
  • Advised a Latin American State on the renegotiation of its bilateral investment treaties.
  • Provided advice to a European State on the compliance of new legislation with its international investment obligations.
  • Participated in training seminars given to a government officials on the defense of foreign investment claims.

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.
  • Question to an Expert: Chapter 1 in K. Nadakavukaren Schefer, INTERNATIONAL INVESTMENT LAW: TEXT, CASES AND MATERIALS, Third Edition, Edward Elgar Publishing (forthcoming) 
  • “The Treatment of Environmental Issues in International Investment Arbitration Case Law,” 2018 Colloquium on International Law: Go Green, Deal Clean, Talk Peace, Asian Academy of International Law (2018)
  • Post-Award Challenges of Damages Assessments in C. Beharry (ed) CONTEMPORARY AND EMERGING ISSUES ON THE LAW OF DAMAGES AND VALUATION IN INTERNATIONAL INVESTMENT ARBITRATION, Brill Nijhoff (2018) 
  • CONTEMPORARY AND EMERGING ISSUES ON THE LAW OF DAMAGES AND VALUATION IN INTERNATIONAL INVESTMENT ARBITRATION, Brill Nijhoff (Editor), (2018)
  • “Prejudgment Interest Rates in International Investment Arbitration,” Journal of International Dispute Settlement, Volume 8, No.1 (2017)
  • Lawful versus Unlawful Expropriation: Heads I Win, Tails You Lose in I. Laird and T. Weiler (eds), INVESTMENT TREATY ARBITRATION AND INTERNATIONAL LAW, Volume 9 (2016) (earlier draft printed in The Journal of Damages in International Arbitration, Volume 3, No. 1 (2016))
  • "Going Green: Managing the Environment through International Investment Arbitration,” American University International Law Review, Volume 30, Issue 3 (2015) (with M. Kuritzky)
  • 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

  • Who's Who Legal: Arbitration 2019 – Future Leaders 
  • Harlan Fiske Stone Scholar, Columbia University, 2003

Involvement

  • Member, Committee on Diversity and Inclusion, Foley Hoag LLP
  • Co-Chair, Minorities in International Law Group, American Society of International Law (ASIL)
  • Coordinator, D.C. Women in International Arbitration
  • Moot Coach (international arbitration), American University, 2018 and 2019
  • Peer Reviewer, ICSID Review – Foreign Investment Law Journal
  • Peer Reviewer, Journal of International Dispute Settlement
  • Member, ICDR Young & International
  • Member, Lincoln’s Inn
  • Member, LCIA Young International Arbitration Group
  • Member, Young Canadian Arbitration Practitioners (YCAP)

 

  • Panelist, “Arbitration Costs: Myths and Realities in Investment Treaty Arbitration” by S. Franck, Young ICSID Book Launch Series (Washington, D.C., May 2019)
  • Panelist, “The Remedial Function in International Economic Law,” ASIL Annual Meeting, American Society of International Law (Washington, D.C., March 2019) 
  • Panelist, “Maritime & Energy Arbitration: Opening New Portals to Progress,” 7th Annual Arbitration and Investment Summit – Caribbean, Latin America and Other Emerging Markets 2019 (Nassau, The Bahamas, January 2019) 
  • Panelist, “United States and Investment Treaties: The Next Ten Years,” #Young ITA Talks D.C. (Washington, D.C., October 2018)
  • Panelist, “Sustainable Connectivity: Going Green, Deal Clean and Talk Peace,” 2018 Colloquium on International Law, Asian Academy of International Law (Hong Kong, SAR, July 2018)
  • Panelist, “Reform of the Investor-State Dispute Settlement System,” Jamaica International Arbitration Week (Kingston, Jamaica, June 2018)
  • Moderator, “Psychological factors in international arbitration,” D.C. Women in International Arbitration (Washington, D.C., May 2018) 
  • Panelist, “ICSID International Arbitration Workshop: Conversation on Recent Trends in Energy Disputes in the Caribbean Region,” International Arbitration Energy Conference, Chartered Institute of Arbitrators: Caribbean Branch Conference (Georgetown, Guyana, April 2018)
  • Panelist, “ICSID International Arbitration Workshop: Dispute Prevention, Defense Strategies, and Efficiency of the Proceeding,” International Arbitration Energy Conference, Chartered Institute of Arbitrators: Caribbean Branch Conference (Georgetown, Guyana, April 2018)
  • Panelist, “The Function & Purpose of the Arbitration Agreement: Enhancing the Efficiency of the Arbitration Agreement in the Energy Sector,” International Arbitration Energy Conference, Chartered Institute of Arbitrators: Caribbean Branch Conference (Georgetown, Guyana, April 2018)
  • Panelist, “Dueling Privilege Rules: Resolving Conflicts of Law Over Privilege in International Arbitration,” Annual Conference of the ABA Section on International Law (New York, NY, April 2018)
  • Panelist, “Equal Representation in Arbitration: The Pledge’s Impact and Results after Two Years of its Conception,” New York University School of Law (New York, NY, April 2018)
  • Moderator, “NAFTA: What Does the Future Hold?,” International Law Weekend, 96th Annual Meeting of the American Branch of the International Law Association (New York, NY, October 2017) 
  • Guest Moderator, "Remedies for Expropriation," OGEMID Forum (June 2017) 
  • Moderator, "Valuing Natural Resources Projects in International Investment Arbitration," Special Institute on International Mining and Oil & Gas Law, Development and Investment, Rocky Mountain Mineral Law Foundation (Quito, Ecuador, April 2017)
  • Co-chair, Fifth Annual Juris Conference on Damages in International Arbitration (Washington, D.C., September 2016)
  • Moderator, "Are Standards of Compensation Getting Lost in Translation?,'' Fifth Annual Juris Conference on Damages in International Arbitration (Washington, D.C., September 2016)
  • Debater, “The Desirability of a Standing Investment Arbitration Court and/or Appellate Body,” Young Arbitrator Debate Series, Freshfields Bruckhaus Deringer and American Society of International Law (Washington,D.C., June 2016)
  • Panelist, “The Business of Arbitration: Best Practices,” Chartered Institute of Arbitrators: Caribbean Branch Centenary Conference (Kingston, Jamaica, July 2015)
  • Panelist, “Lawful versus Unlawful Expropriation: is this a Distinction Without a Difference?,” Ninth Annual Juris Conference on Investment Treaty Arbitration (Washington, D.C., February 2015)
  • Panelist, “Workshop on Valuation and Calculation of Damages in International Arbitration,” International Arbitration Month at Georgetown Law (Washington, D.C., February 2015)
  • Panelist, “ICSID Debate: A Negotiator’s Perspective,” International Arbitration Month at Georgetown Law (Washington, D.C., February 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 (Washington, D.C., February 2014)
  • Panelist, Annual Post-Graduate Experience Panel, Georgetown International Arbitration Society (Washington, D.C., October 2013)
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Bar Admissions

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