Mélida N. Hodgson

Partner - New York

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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, business disputes, as well as World Trade Organization (WTO) dispute resolution and international trade policy issues. Mélida is also an arbitrator of international disputes initiated under Chapter 19 of the NAFTA and in commercial arbitrations under the AAA/ICRD rules. She was also appointed to the list of panelists eligible to hear WTO disputes.  She was recently recognized as one of the "top 100" lawyers focused on Latin America by Latinvex .

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Education:

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

Languages:

Spanish, French

Representative Experience

  • Representing the Republic of Panama in a treaty arbitration initiated by Sacyr S.A., a Spanish entity, under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL), relating to the Panama Canal expansion.
  • Defending Perú in an ICSID arbitration regarding an infrastructure project (Metro de Lima Línea 2).
  • 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 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 an Eastern European State on WTO dispute settlement procedures.
  • Advised a multinational infrastructure investor on U.S. foreign investment review rules.
  • Advised a Southeast Asian country on U.S. bilateral investment treaty policy.
  • 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 (Methanex).
  • 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 (Loewen).
  • 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 (ADF).
  • 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

  • Appointed as emergency and sole arbitrator by AAA/ICDR in several matters. Issued award in a case involving U.S. and Asian parties.
  • Appointed sole arbitrator in IACAC arbitration involving U.S. and Latin American parties. 
  • Co-panelist, 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) (NAFTA Chapter 19 arbitration). 
  • Co-panelist, In The Matter of Stainless Steel Sheet and Strip Coils from Mexico (USA-MEX-2008-1904-03) (NAFTA Chapter 19 arbitration).
  • Arbitrator, In The Matter of Light-Walled Rectangular Pipe and Tube from Mexico (USA-MEX-2008-1904-03).
  • “Experts in Investor-State Arbitration: The Tribunal as Gatekeeper” (with Melissa Stewart), Journal of International Dispute Settlement, 2018, 00, 1-11(10.1093/jnlids/idy006), available at https://academic.oup.com/jids.
  • “The Brave New World of Investment Protection Reform”, Korean Arbitration Review, Ninth Issue 2018, disponible en www.kcab.or.kr.
  • “NAFTA 2.0: A way forward for the Investment Chapter,” Columbia FDI Perspectives, No. 211, October 23, 2017, available at http://ccsi.columbia.edu/publications/columbia-fdi-perspective.
  • "Churchill Mining PLC and Planet Mining  Pty Ltd v. Republic of Indonesia: Procedural Order No 15: Reconsideration under the ICSID Convention: No Award Required," ICSID Review 2016, available at http://icsidreview.oxfordjournals.org/cgi/reprint/siv054.
  • “The Trans-Pacific Partnership Investment Chapter: Setting a New Standard in International Investment Agreements” NYSBA New York Dispute Resolution Lawyer, Summer of 2016, vol.9, No.2.
  • "The Trans-Pacific Partnership Investment chapter sets a new worldwide standard," Columbia FDI Perspectives, No. 160 (November 9, 2015), available at http://ccsi.columbia.edu/publications/columbia-fdi-perspectives. 
  • "The Leaked TPP Investment Chapter Draft: Few Surprises . . . Is that a Surprise?" Transnational Dispute Management, TDM 6 (2015), available on http://www.transnational-dispute-management.com/journal-browse-issues-toc.asp?key=63.
  • Quoted in “High Profile Backlash May Kill Investor Arbitration in TTIP,” Law 360 International Trade, October 3, 2014.
  • Comments in Respect of the Obama Administration’s Revision of the Model BIT, July 31, 2009, available at www.ustr.gov and www.regulations.gov 
  • 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.

Foley Hoag Alerts & Updates

Honors

  • BVI International Arbitration Centre list of arbitrators Elected to the Council of the American Arbitration Association
  • American Arbitration Association/ICDR’s International Panel of Arbitrators Elected to ICC Institute of World Business Law
  • Selected for list of panelists NAFTA Chapter 19 Disputes
  • Named to Indicative List of WTO Panelists
  • Named to list of top 50 legal practitioners focused on Latin America by Latinvex (2018)
  • Named one of the top 50 Female lawyers focused on Latin America by Latinvex (2018, 2017, 2016 and 2015) (International Arbitration)
  • Legal 500 Latin America (2014)
  • GAR 30 (2017, 2016 and 2013) and GAR 100
  • Instructor, 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

  • Elected to the Board of the American Arbitration Association
  • Elected as part of the Executive Committee of the Institute of World Business of the ICC
  • Elected to the Executive Council of the American Society of International Law and member, BASIL Task Force, American Society of International Law
  • Founding Member, DC Women in International Arbitration
  • American Bar Association (ABA), Section of International Law:
    • Former Chair, Finance Division
    • Former Chair and Vice-chair, Investment and Development Committee and International Trade Committee
    • Former Vice-chair, for the International Commercial Law Section
    • Member and former Vice-Chair for the International Arbitration Committee
  • Member, Hispanic Bar Association of the United States (HNBA)
  • Speaker, Fundamentos de la Práctica Legal Internacional: Capacitación de Jóvenes Abogados de la IBA, Santo Domingo, Dominican Republic, June 26, 2018, “El arte de la persuasión ante cortes y tribunales internacionales"
  • Co-moderator, GAR LIVE BITs Conference, Washington, D.C., Symposium, May 17, 2018
  • Speaker, 24th ICCA Congress, Evolution and Adaptation: The Future of International Arbitration, Sydney, Australia, April 16, 2018, "Problems of arbitration, 1st part: Reform substantial obligations in investment treaties and conditions of access to arbitration of investment - Expropriation"
  • Speaker, 15th Annual ITA-ASIL Conference, Washington, D.C., April 4, 2018, “Diversity and Inclusion in International Arbitration – the Practitioner’s Dilemma”
  • Speaker, iLaw2018, Global ILS Forum on International Law, Miami, Florida, February 16, 2018, “ICSID Report – States and State-owned Entities in International Arbitration – the Selection of Arbitrators”
  • Speaker, Georgetown International Arbitration Society Conference, Washington, D.C., February 13, 2018, “Counterclaims”
  • Speaker, 34th Annual Joint Colloquium:  AAA/ICC/ICSID, New York, NY, December 1, 2017, “Rapid Fire Session – Diversity in Arbitration”
  • Speaker, 6th Asia Pacific ADR Conference, Seoul, Korea, November 9, 2017, on “International Investment Dispute Settlement:  What Perspective?  Momentum on Procedural Reforms – the Way Forward:   A State Perspective”
  • Moderator, ICC NY Conference, New York, NY, September 27, 2017, “NAFTA on the Table”
  • Speaker, New York State Bar Association International Section Seasonal Meeting, Antigua, Guatemala, September 12-14, 2017, Mock Arbitration and panel “Investor-State Arbitration & Development in the Americas”
  • Speaker, BVI International Arbitration Centre, Tortola, BVI, May 30-June 2, 2017, Mock Arbitration and panel “Deliberate Diversity: A New Model for Arbitration”
  • Debater, GAR Live BITs, Washington, D.C., May 23, 2017, Debate on future of ISDS in investment treaties
  • Participant, Max Planck Institute Luxembourg for Procedural Law Symposium, Luxembourg, April 27-28, 2017, “The Expert in the International Adjudicative Process”
  • Speaker, AIPN/ICC Panel, New York, New York, March 2, 2017 on “Recognition and Enforcement of Arbitral Awards in Domestic Courts”
  • Speaker, New York City Bar Association, New York, New York, November 14, 2016, “Women in International Law”
  • 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 Latin American 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. 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