Caline Mouawad

Partner

Direct
+1 212 257 6923
Fax
+1 212 257 6950
Where Advocacy Meets Business

“[G]reat on her feet and…an excellent advocate on complicated issues”

Who's Who Legal: Arbitration 2019

Caline Mouawad represents clients in international commercial arbitrations and in investment treaty disputes with host governments. She counsels clients in an array of multi-jurisdictional disputes that span from Europe to Latin America and from Africa to Asia, and concern such sectors as oil and gas, mining, consumer goods and telecommunications.

Experience

Caline has acted as counsel in arbitrations conducted in English and French under the rules of the International Chamber of Commerce, the International Centre for Settlement of Investment Disputes, the London Court of International Arbitration, the American Arbitration Association and the Singapore International Arbitration Centre, as well as in ad hoc cases under UNCITRAL Rules. She regularly advises clients on drafting dispute resolution clauses in international commercial contracts and on protecting their international investments under investment treaties.

In addition, Caline serves as an arbitrator. She is listed on the Panel of Neutrals for the International Centre for Dispute Resolution and the AAA National Roster of Arbitrators and Mediators.

Representative Matters

  • Represented private equity investors in multiple, parallel AAA arbitrations concerning power plant projects.
  • Represented a Canadian mining company in an ICC arbitration concerning the termination of a supply agreement.
  • Represented a telecommunications company in an ICSID arbitration brought under an African bilateral investment treaty concerning the revocation of a license.
  • Represented an energy company in an ICC arbitration concerning a dispute over the exercise of a preemption right.
  • Represented a major U.S. oil company in an UNCITRAL arbitration brought under the U.S.-Ecuador bilateral investment treaty concerning breaches of treaty, investment agreement and international law.
  • Represented a major Southeast Asian conglomerate in a SIAC arbitration concerning a shareholder dispute with its joint venture partner over infrastructure projects.
  • Represented a Canadian company in an ICSID arbitration brought under the Canada-Peru Free Trade Agreement concerning a mining project.
  • Represented an international trading company in an ICC arbitration against a North African state concerning beverage and manufacturing facilities.
  • Represented a Spanish company in a UNCITRAL arbitration brought under a South American bilateral investment treaty concerning a consumer goods business.
  • Represented a production sharing contractor in an ICC arbitration under New York law, involving 18 other parties and concerning LNG sales and supply arrangements.
  • Represented an Australian mining company against a North African state in an ICC arbitration concerning a breach of contract claim.
  • Represented Dutch investors in an ICSID arbitration brought under an Eastern European bilateral investment treaty concerning a dispute over the termination of waste management concession agreements.
  • Represented a U.S. company in a dispute brought under the U.S.-Peru Trade Promotion Agreement concerning a mineral mining project.
  • Represented a French global media and communications company before an LCIA tribunal concerning claims of breach of a shareholders

Publications

  • “Structuring Investments into Africa through Mauritius to Benefit from Investment Treaty Protection,” MARC Insights, Issue 1 (Dec. 2019) (co-author with E. Dulac and J. Wan)
  • Chapter on Article 49 of the ICSID Convention, in Julien Fouret, Rémy Gerbay, and Gloria M. Alvarez (eds.), The ICSID Convention, Regulations and Rules: A Practical Commentary (2019) (co-author with C. Soule)
  • “Investment Arbitration under Multilateral Treaties in the Middle East,” BCDR International Arbitration Review Vol. 3, No. 2 (December 2016) (Bahrain Chamber for Dispute Resolution)
  • “A Case for Dispositive Motions in International Commercial Arbitration,” BCDR International Arbitration Review Vol. 2 No. 1 (June 2015), 77-98 (Bahrain Chamber for Dispute Resolution)
  • United States Chapter, in Julien Fouret (ed.), Enforcement of Investment Treaty Arbitration Awards, 495-512 (2015)
  • “Resource Nationalism and Mining Reforms:  An Increased Potential for International Disputes,” The Northern Miner (Sept. 26, 2013)
  • “A Guide to Interim Measures in Investor-State Arbitration,” Arbitration International Vol. 29 No. 3 (2013), 381-434
  • “Who Decides?  The Tug-Of-War Between U.S. Courts and Arbitrators:  A Commentary On Republic of Iraq v. BNP Paribas USA,” in Jalal El Ahdab (ed.), International Journal of Arab Arbitration Vol. 4 No. 3 (2012), 112-28
  • “The DynCorp Case:  The Journey of an International Arbitration Award,” in Jalal El Ahdab (ed.), International Journal of Arab Arbitration Vol. 3 No. 3 (2011), 25-54
  • “Modern and Competitive:  The New CRCICA Rules,” in Jalal El Ahdab (ed.), International Journal of Arab Arbitration Vol. 3 No. 1 (2011), 17-24

Speaking Engagements

  • “Mandatory Rules and Lois de Police,” Panel, 22nd Annual IBA Arbitration Day on Beyond the Governing Law:  Mandatory Rules, Lois de Police, Trade Sanctions, and Other Conflicts of Law, Montreal (March 2019)
  • “Comparative Approaches to Ethics, Transparency, Third Party Funding and Financial Interests in Arbitration and Mediation Proceedings,” Panel, IBA conference on New Frontiers of ADR:  From Commercial and Investment Matters to Regulatory Violations, Montreal (November 2018)
  • “Third-Party Funding in International Commercial and Investment Treaty Arbitration,” Panel, IMN Financing, Structuring & Investing in Litigation Finance Conference, New York (May 2018)
  • “The Interpretation and Application of the New York Convention:  Taking Stock of the Practice,” Panel, NYIAC, New York (September 2017) (The Second Circuit and the New York Convention)
  • “How Procedure Makes Substance in International Courts and Tribunals,” Panel, 2017 ASIL Annual Meeting, Washington D.C. (April 2017)
  • “Mediation, ADR and Third-Party Funding:  Modern Way to Incentivise Settlements?”, Panel, IBA Annual Meeting, Washington D.C. (September 2016)
  • “International Investment Arbitration:  Friend or Foe?” Panel, 2015 International Law Weekend, New York (November 2015)
  • “The influence of international arbitration on domestic litigation and vice versa,” Panel, IBA Annual Meeting, Vienna, Austria (October 2015)
  • “How ‘International’ Is International Arbitration?” Keynote address at ICC YAF event of Second Annual ICC Houston Conference on International Arbitration:  Energy, Ethics and the Effective Management of Arbitration, Houston (October 2014)
  • “Energy Disputes In Times Of Civil Unrest,” Eighth Annual Fordham Law School Conference on International Arbitration and Mediation, New York (April 2013)
  • “Privatizing Justice:  Shifting Adjudication Out of the Judiciary” Panel, Randolph W. Thrower Symposium (Emory Law School):  Privatization:  Managing Liability and Reassessing Practices in Local & International Contexts, Atlanta (February 2013)

Professional Affiliations

  • Vice Chair, ICC Commission on Arbitration and ADR
  • Former Chair, International Law Committee of the New York City Bar Association
  • Member, International Commercial Disputes Committee of the New York City Bar Association

Credentials

Education

  • J.D., Harvard University
  • B.A. Rice University, summa cum laude (Phi Beta Kappa)

Bar Admissions

  • New York
  • Paris (inactive)
  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Languages

English, French, Arabic

Recognition

Chambers USA

  • Band 5 for International Arbitration

Crain’s New York Business

  • 2020 Notable Women in Law

Euromoney’s Expert Guides

  • World’s Leading Women in Business Law for Commercial Arbitration (U.S.)

Latinvex

  • One of Latin America’s Top 100 Female Lawyers

Legal 500 USA

  • “Next Generation Lawyer” for International Arbitration

Legal 500 Latin America

  • “Recommended Lawyer” for International Arbitration

Who’s Who Legal

  • Global Thought Leader in Arbitration

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