Beharry

Christina L. Beharry

Partner
Washington, DC

With over 30 cases defending States, I know the importance of a comprehensive legal strategy that does not leave your own goal unattended. 

Christina L. Beharry has worked in the public and private sector representing and advising States and State-owned entities on international disputes and public international law matters. She has amassed extensive experience with multi-million dollar investment claims, totaling in excess of $18 billion across a range of industries. 
 

Christina represents States in various fora, including the International Court of Justice (ICJ), arbitral 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, Africa, Central and South America, Europe, and North America in investment disputes involving industries such as mining, oil and gas, renewable energy, financial services, hospitality, chemical manufacturing, agriculture, forestry, airlines, healthcare, telecommunications, and tobacco. Christina also 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 has been recognized as a Future Leader by Who’s Who Legal, consecutively from 2019-2022 and was included in its Most Highly Regarded list in 2021 where she was described by her peers as a "creative and highly innovative practitioner” and has been lauded “as ‘a go-to quantum and damages expert’ who excels in investment arbitrations.”

She repeatedly assumes responsibility for damages arguments in high-stakes multi-million dollar disputes. Christina works extensively with experts on complex financial matters relating to the valuation of businesses and the quantification of State claims for environmental damage and adverse human health impacts.  In addition, Christina speaks and publishes regularly on compensation and valuation topics and has edited a book titled Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration (Brill Nijhoff, 2018).

Christina previously served as Counsel in the Trade Law Bureau of the Canadian Department of Foreign Affairs and International Trade (now Global Affairs Canada) where she represented the Government of Canada in investor-state disputes under NAFTA Chapter 11 and assisted in the negotiation of bilateral investment treaties. Christina also advised other government departments on the compliance of proposed regulations with Canada’s international obligations under NAFTA, GATS, and other trade agreements.

Education

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

Bar and Court Admissions

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

Languages

  • French
  • Spanish

Experience Overview

STATE-TO-STATE ARBITRATION
  • The State of Qatar and the Arab Republic of Egypt, the Kingdom of Bahrain, the Kingdom of Saudi Arabia and the United Arab Emirates (2017) – Application (A); and, the State of Qatar and the Arab Republic of Egypt, the Kingdom of Bahrain and the United Arab Emirates (2017) – Application (B) (International Civil Aviation Organization). Counsel to Qatar in proceedings before the Council of the International Civil Aviation Organization arising from certain aviation measures adopted by Respondents since June 2017. 
  • Arbitration pursuant to Article 32 of the Constitution of the Universal Postal Union (Permanent Court of Arbitration) (PCA Case Nos. 2020-25, 2020-26, 2020-27, 2020-28). Counsel to Qatar in arbitration proceedings initiated against Bahrain, Egypt, Saudi Arabia, and the United Arab Emirates under the auspices of the Universal Postal Union.
  • Guyana v. Venezuela (Case Concerning the Arbitral Award of 3 October 1899) (International Court of Justice). 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 (Permanent Court of Arbitration) (PCA Case No. 2012-5). Counsel to 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 (International Tribunal for the Law of the Sea). Counsel to Ghana in a case concerning the maritime boundary in the Gulf of Guinea.
INVESTOR-STATE ARBITRATION
  • Smart City Solutions Holdings Inc. v. Co-operative Republic of Guyana (ICSID Case No. ARB/21/64). Representing Guyana in an ICSID arbitration under a domestic investment law in a dispute concerning a metered parking system project. 
  • Representing a State in a confidential UNCITRAL arbitration concerning certain regulatory measures imposed on a telecom company. 
  • Latin American Regional Holdings, S de R.L. v. Oriental Republic of Uruguay (ICSID Case No. ARB/19/16). Representing Uruguay in an ICSID arbitration related to the country’s national airline company. 
  • The Lopez-Goyne Family Trust and others v. Republic of Nicaragua (ICSID Case No. ARB/17/44). Represented Nicaragua in ICSID arbitration brought under CAFTA-DR concerning an oil exploration and exploitation concession. 
  • Representing a State in a confidential investment arbitration concerning a renewable energy project. 
  • Thomas Gosling and others v. Republic of Mauritius (ICSID Case No. ARB/16/32). Represented 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). Represented Uruguay in an UNCITRAL arbitration concerning an iron ore mining project. 
  • Italba Corporation v. Oriental Republic of Uruguay (ICSID Case No. ARB/16/9). Represented 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. The case resulted in a settlement.
  • 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.
  • 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.
  • Led training seminars for 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.

Publications

  • “Article 38: The Treatment of Interest in International Investment Arbitration,” ICSID Review Special Issue on the ILC Articles on the Responsibility of States for Internationally Wrongful Acts (with Juan Pablo Hugues Arthur), (Advance access, February 2022)
  • “Herzig v. Turkmenistan: Requests for Security for Costs in ICSID Arbitrations Involving Third-Party Funded Insolvent Claimants,” ICSID Review – Foreign Investment Law Journal, Volume 36, Issue 1 (2021)
  • Damages and Valuation in International Investment Arbitration in J. Chaisse, L. Choukroune, and S. Jusoh (eds) HANDBOOK OF INTERNATIONAL INVESTMENT LAW AND POLICY, Springer (with E. Méndez Bräutigam) (2020) 
  • Question to an Expert: Chapter 1 in K. Nadakavukaren Schefer, INTERNATIONAL INVESTMENT LAW: TEXT, CASES AND MATERIALS, Third Edition, Edward Elgar Publishing (2020) 
  • “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)

Foley Hoag Publications

Honors & Involvement

HONORS
  • Who's Who Legal: Arbitration – Future Leaders 2019, 2020, 2021 (Most Highly Regarded), 2022
  • Harlan Fiske Stone Scholar, Columbia University, 2003
INVOLVEMENT
  • Panel of Arbitrators, BVI International Arbitration Centre (BVI IAC)
  • Member, Committee on Diversity and Inclusion, Foley Hoag LLP (2015 - present)
  • Program Director, International Dispute Resolution Committee, DC Bar
  • Member, Interest Group Committee, American Society of International Law (ASIL) (2020 - present)
  • Member, Annual Meeting Committee, American Society of International Law (ASIL) (2020)
  • Co-Chair, Minorities in International Law Group, American Society of International Law (ASIL) (2017-2020)
  • Coordinator, D.C. Women in International Arbitration 
  • Review Board Member, Foreign Direct Investment International Arbitration Moot (2021 - present)
  • Moot Coach (international arbitration), American University (2018-2020)
  • Peer Reviewer, ICSID Review – Foreign Investment Law Journal
  • Peer Reviewer, The Law and Practice of International Courts and Tribunals
  • Peer Reviewer, Journal of International Dispute Settlement
  • Advisory Board Member, Institute for Transnational Arbitration
  • Member, ArbitralWomen
  • Member, ICDR Young & International
  • Member, Lincoln’s Inn
  • Member, LCIA Young International Arbitration Group
  • Member, Young Canadian Arbitration Practitioners
     

Speaking Engagements

  • Panelist, “International Arbitration: Recoverability of Reflective Loss,” 6th Edition of the Dispute Resolution in M&A Transactions Conference (Warsaw, Poland, May 2022)
  • Panelist, “Assessing Doctrines of Changed Circumstances in Arbitration,” 19th ITA-ASIL Conference: Arbitration in Changed Circumstances (Washington, D.C., April 2022) 
  • Panelist, “Re-thinking the ‘New Business Rule’ – Can or Should Income-Based Approaches be Used to Assess Damages for Non-Operating Projects?,” Ninth Annual Juris Conference on Damages in International Arbitration (Webinar, December 2021)
  • Moderator, “Arbitration in the Caribbean on Renewable Energy and Climate Change,” World Arbitration Update (Webinar, October 2021) 
  • Panelist, “Crippling Compensation in ISDS: Current Practices and New Approaches,” Columbia Center on Sustainable Investment (Webinar, April 2021)
  • Panelist, “Valuation in Investment Arbitration: Spotlight on discounted cash flow analysis,” International Institute for Sustainable Development (IISD) (Webinar, March 2021) 
  • Moderator, “Alternative Approaches to Valuing Early Stage Investments in Investor-State Arbitration,” Washington Arbitration Week (Webinar, December 2020)  
  • Lecturer, Executive Training on Investment Arbitration for Government Officials, Columbia Center for Sustainable Investment, Columbia University (Webinar, July 2020) 
  • Panelist, “Investment Disputes and the COVID-19 Crisis - The View Ahead,” International Law Institute (Webinar, June 2020) Panelist, “Potential New Class of Claims in Arbitration,” Arbitration 2.0: BVI International Arbitration Conference 2019 (Tortola, British Virgin Islands, November 2019) 
  • Moderator, “Quantifying Damages,” 33rd Investment Treaty Forum Conference: Valuation of Damages in International Investment Law, British Institute of International and Comparative Law (London, England, October 2019)
  • Panelist, “The Return of the State in International Trade and Investment Law,” International Law Weekend, 98th Annual Meeting of the American Branch of the International Law Association (New York, NY, October 2019) 
  • 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)
  • 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)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)
  • 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)