Sudhanshu Roy

International Associate - Washington, D.C.

Sudhanshu Roy
Download Media Photo

Contact Information

202.261.7345

202.785.6687

sroy@foleyhoag.com Download vCard

Sudhanshu Roy is an international associate with the International Litigation and Arbitration practice in Washington, D.C. His practice focuses on investor-state arbitrations, especially in cases involving the representation of sovereign clients before arbitration panels administered under the ICSID and UNCITRAL Arbitration Rules.

More »

Education:

  • New York University School of Law, LL.M. in International Legal Studies, 2016
  • Indian Academy of International Law and Diplomacy, New Delhi, Diploma in International Law and Diplomacy, 2014
  • Hidayatullah National Law University, Raipur, India, 2008

Languages:

English, Hindi, Bengali

Representative Experience

Investor-State Arbitration

  • Axiata Investments (UK) Limited and Ncell Private Limited v. Nepal. Counsel to Nepal in an ICSID arbitration under the UK-Nepal Bilateral Investment Treaty in a dispute concerning the imposition of capital gains tax on the acquisition of shares in a Nepalese telecom company. 
  • Niko Exploration (Block 9) Ltd. v. Bangladesh and Bangladesh Oil and Gas Mineral Corp. Counsel to Bangladeshi State-owned oil and gas company in a contract-based ICSID arbitration proceedings.
  • Representing India in a confidential UNCITRAL arbitration concerning the imposition of capital gains tax on the acquisition of shares in an Indian mining company.
  • Representing India in a confidential UNCITRAL arbitration concerning certain regulatory measures imposed on an Indian telecom company.  
  • Raiffeisen Bank International AG and Raiffeisen Bank Austria d.d. v. Republic of Croatia. Counsel to Croatia in an UNCITRAL arbitration under the Croatia-Austria bilateral investment treaty arising from alleged investments in Croatia’s financial and banking sectors.
  • Adria Group B.V. and Adria Group Holding B.V. v. Republic of Croatia. Counsel to Croatia in an ICSID arbitration under the Croatia-Netherlands bilateral investment treaty arising from alleged investments in a retail enterprise in Croatia. 
  • Talal Al Awamleh and others v. State of Qatar. Represented Qatar in an ICSID arbitration under the Qatar – Jordan bilateral investment treaty arising from contracts relating to a cable television franchise. The case was settled and discontinued pursuant to ICSID Arbitration Rule 43. 
  • Louis Dreyfus Armateurs SAS v. Republic of India.  Counsel to India in a UNCITRAL Arbitration under the India – France bilateral investment treaty arising from a contract concerning the supply and operation of cargo handling equipment in the Indian State of West Bengal. In the final award, the Tribunal not only dismissed all claims, but also awarded India $7.2 million in costs.
  • Nissan Motors Ltd. v. Republic of India. Counsel to India in a UNCITRAL Arbitration under the Comprehensive Economic Partnership Agreement between India and Japan arising from alleged non-payment of tax refunds relating to the activities of an integrated automobile project in the Indian State of Tamil Nadu.
  • Thomas Gosling and others v. Republic of Mauritius. Representing Mauritius in an ICSID arbitration under the Mauritius – UK bilateral investment treaty arising from alleged investments in real estate projects in Mauritius.
  • Representing Mauritius in an ad hoc arbitration pursuant to UNCITRAL rules brought by two Indian companies relating to the termination of a land development agreement and administered by the PCA (Confidential).
  • City-State N.V and others v. Ukraine. Representing Ukraine in an ICSID arbitration under the Ukraine – Netherlands bilateral investment treaty arising from measures in the Ukrainian banking and financial sector. The claimants were awarded less than a third of the original amount claimed.
  • Niko Resources v. Bapex and Petrobangla. ICSID Case Nos. ARB/10/11 and ARB/10/18, on behalf of Bangladesh and two State entities concerning the causes and impacts of two gas blowouts. 
  • Tenoch Holdings Ltd. et al. (ByCell Dispute) v. Republic of India. Worked for the Government of India on a UNCITRAL Arbitration under the India-Russia and India-Cyprus Bilateral Investment Treaties arising from the cancellation of a Foreign Direct Investment approval granted to a telecom company.
  • Vodafone International Holdings BV v. Republic of India. Worked for the Government of India on an UNCITRAL Arbitration under the Bilateral Investment Treaty between India and United Kingdom involving the application of India’s Income Tax Act.
  • Cairn Energy Holding, U.K. v. Republic of India. Worked for the Government of India on an UNCITRAL Arbitration under the Bilateral Investment Treaty between India and United Kingdom involving the application of India’s Income Tax Act.

International Commercial Arbitration

  • Counsel to an Asian state-owned entity in an UNCITRAL arbitration administered by SIAC arising from drilling and exploration agreements of natural gas reserves.
  • Counsel to an Asian state-owned entity in an UNCITRAL arbitration arising from a change in gas market fundamentals.
  • Counsel to a State-owned entity in an ICSID arbitration in relation to a dispute arising under a Production Sharing Contract and a Gas Purchase and Sale Agreement.
  • Represents a State-owned entity in an ICC arbitration against an investor regarding a contract concerning a solar power project. 
  • Represents a State-owned entity in an international arbitration case against an energy company before ICSID arising from a contract concerning an electric power generation project. 

International Human Rights

  • Represented third party in a case involving crimes against humanity, torture, cruel treatment, and extrajudicial killings brief before the Extraordinary Chambers in the Court of Cambodia.
  • Advising Amnesty International USA on litigation and advocacy matters before U.S. Courts.

Pro Bono

  • Advising Médecins Sans Frontières (MSF) on certain aspects of maritime activities in the Mediterranean Sea. 
  • Representing asylum seekers in immigration court.

Advisory Work on Bilateral Investment Treaties

  • Advised Republic of India on the reform its 2016 Model BIT.
  • Member of Indian negotiating team for BITs and investment chapter of FTAs with UAE, USA, Canada, Russia and RCEP.
  • Advised a Central Asian State on its Model BIT and Model Investment Agreement reform.

 

Professional Experience

  • Legal Advisor, Department of Economic Affairs, Ministry of Finance, Government of India, 2013-2015
  • Associate, Amarchand & Mangaldas & Suresh A Shroff & Co., New Delhi, 2009-2013

Honors

  • Legal 500 USA – Dispute Resolution: International Arbitration and International Litigation (2021) – “Key Lawyer” 
  • Capital Pro-Bono Honor Roll, 2018
  • Inlaks Scholarship, 2015-16
  • Arthur T. Vanderbilt Scholarship, New York University School of Law, 2015-16
  • J.N. Tata Endowment Scholarship, 2015-16
  • V. K. Krishna Menon Memorial Gold Medal, Indian Academy of International Law and Diplomacy, September 2014
  • Honors Award for Outstanding Achievement, Xiamen Academy of International Law, July 2014

Involvement

  • The South Asian Bar Association of Washington D.C. 
  • Associate Member, Indian Society of International Law
  • Young International Council for Commercial Arbitration
  • Author and Speaker, “Reforming International Investment Law: Why 'Procedure Over Substance' is the Wrong Approach,” Fifteenth Annual Investment Treaty Arbitration (May 2021), Juris Conferences
  • Speaker, “Careers in International Law,” Jindal Society of International Law, Jindal Global Law School, Haryana, India (April 2021)
  • Panelist, “The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences," authored by Taylor St. John, Young ICSID’s Online Book Launch Series (June 2018)
  • Panelist, “Developments in International Investment Agreements” Columbia law School, New York (February 2017)
 
Translate
Add to Bio Folder

Download Bio

English French Spanish

Bar Admissions

  • Admitted only in New York and Delhi, India; not engaged in the practice of law in the District of Columbia.