Carolyn Lamm | White & Case LLP International Law Firm, Global Law Practice
Carolyn Lamm
Carolyn Lamm

Carolyn Lamm

Partner, Washington, DC

T +1 202 626 3605

E clamm@whitecase.com

“Carolyn Lamm is one of the ‘firm’s most well-known names for international arbitration’ and ‘one of the best arbitration lawyers.’ Clients say: ‘She is superwoman! She’s fabulous and you could not find a better counsel.’”

Chambers Global, 2013

Overview

Carolyn Lamm regularly serves as lead counsel in high-stakes, cutting-edge cases, successfully resolving significant international arbitrations involving international corporates and sovereign clients. She also serves as lead counsel in arbitration-related litigation matters.

Her practice concentrates on international dispute resolution through international arbitration, litigation and international trade proceedings. She advises clients in matters with ICSID and its Additional Facility, and other international arbitral proceedings involving States, as well as commercial arbitral fora including AAA/CDR, ICC, Vienna Centre, Stockholm Chamber, Swiss Chamber and in federal court litigation. She teaches International Investment Arbitration at the University of Miami School of Law in the White & Case LLM program in International Arbitration.

Carolyn was appointed by President Clinton to the US Panel and later by the Government of Uzbekistan to the Uzbek Panel of Arbitrators for ICSID arbitration. She was a member of the American Arbitration Association Executive Committee and Board, and is currently a member of the ICCA Governing Board, a member of the Council of the American Law Institute (Advisory Committee for the Restatement of International Arbitration and a Counselor for the Restatement Fourth on Foreign Relations) and has served as an arbitrator in AAA International Rules, ICSID and NAFTA Chapter 11 disputes. Carolyn is a founding member of the American Uzbekistan Chamber of Commerce and currently serves as Chairman of the Board.

Carolyn's exceptional track record in international dispute resolution and her leadership in the profession have been repeatedly recognized by numerous sources, including: 2014: Best Lawyers - US International Arbitration Lawyer of the Year; 2013 National Law Journal's 100 Most Influential Lawyers in the US; Legal Times 2010 Award Visionary and Most Influential Women; The University of Miami, Edward T. Foote Alumnus of Distinction Award, 2009; The University of Miami School of Law, Distinguished Alumnus Award, 2009; "Lawyer of the Year 2008" by the Bar Association of the District of Columbia; National Law Journal, 50 Most Influential Women in America; Law dragon 500 Leading Lawyers in America; National Law Journal, 100 Most Influential Lawyers in America; Woman Lawyer of the Year" Award by Women's Bar Association of Washington, DC; Chambers USA Award for Excellence: Outstanding Contribution to the Legal Profession, 2008.

Carolyn is a past President of both the District of Columbia Bar and the American Bar Association. She is currently serving as the American Bar Association's Representative to the International Bar Association.

Prior to joining White & Case, she was employed by the US Department of Justice under the Attorney General's Program for Honor Law Graduates and served as a trial attorney in the Fraud Section, Civil Division, before obtaining the position of Assistant Director, Commercial Litigation Branch, Civil Division.

Throughout her career, Carolyn has been highly active in professional associations. A thought leader in her field, she is a sought-after lecturer and author on topics related to litigation, international arbitration and international trade.

Bars and Courts

  • US Supreme Court
  • New York State Bar
  • District of Columbia Bar
  • Florida State Bar
  • US Claims Court
  • US Court of International Trade
  • US District Courts for the Southern and Middle Districts of Florida
  • US District Court for the Southern District of New York
  • US District Court for the District of Columbia
  • US Court of Appeals for the Second, Fourth, Fifth, Ninth, Tenth, Eleventh, District of Columbia and Federal Circuits
  • US Court of Appeals for the Armed Forces

Education

  • JD, University of Miami School of Law
  • BS, Exceptional Education and English minor, State University of New York College at Buffalo

Languages

  • English
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Experience

Government of the Republic of the Philippines, challenge to Government's revocation of a concession for Manila international airport terminal (ICSID and ICC), ongoing

Carolyn represented the Government of the Republic of the Philippines in a treaty-based ICSID arbitration, 'Fraport v. Philippines', and in an ICC arbitration, 'PIATCO v. Philippines', as a result of the alleged nullification of a concession contract and expropriation of an international air terminal with claims jointly in excess of US$1 billion. In PIATCO, the Tribunal dismissed all claims and the Singapore High Court rejected the claimant's petition to set aside the tribunal's decision. In Fraport, the tribunal dismissed all the claimant's claims for lack of jurisdiction. Carolyn continues to represent the Republic in the dispute, which has been submitted to a new ICSID tribunal.

Abaclat & Others v. Argentine Republic (ICSID), ongoing

Carolyn is representing tens of thousands of Italian holders of Argentine bonds in a US$2.5 billion ICSID arbitration under the Argentina-Italy bilateral investment treaty. The case relates to sovereign default, a critical legal and political issue in Latin America, and involves the largest known number of claimants in a single arbitration. In August 2011, the tribunal issued a seminal 283-page 'Decision on Jurisdiction and Admissibility', establishing jurisdiction over the claims – finding that sovereign bonds are protected investments and giving the green light to the first-ever mass claim in investment arbitration history. The decision won Most Influential Award of the Last Decade at the 2012 OGEMID Awards.

Grupo Unidos por el Canal, S.A., major construction dispute (ICC), ongoing

Carolyn is representing joint venture company Grupo Unidos por el Canal, S.A. in a dispute with the Panama Canal Authority over the US$5.5 billion Panama Canal expansion project (which encompasses the construction of a cofferdam as part of the mega Panama Canal expansion project: the "Third Set of Locks Project"). Carolyn and her team initially intervened to negotiate a resolution to a crisis that stalled construction of the project, and are now advising on the completion of the project and long-term disputes to resolve liability, including contract renegotiations, a Dispute Adjudication Board proceeding, an ICC proceeding and a Bilateral Investment Treaty arbitration proceeding.

Government of the Republic of the Philippines, environmental claim (ICSID), ongoing

Carolyn is defending the Philippines in an ICSID claim brought by a Belgian dredging company, Baggerwerken Decloedt en Zoon, relating to the termination of a €300 million project to rehabilitate the country's largest lake. The claim is made under the Belgium/Luxembourg-Philippines bilateral investment treaty.

Metal-Tech Ltd. v. Republic of Uzbekistan (ICSID), 2013

Carolyn represented the Republic of Uzbekistan in an ICSID arbitration arising under the Uzbekistan-Israel bilateral investment treaty brought by an Israeli company, concerning a joint venture that was engaged in the processing of molybdenum, a metallic mineral. In a unanimous award, the tribunal refused jurisdiction over Metal-Tech's request for more than US$170 million for alleged treaty violations, finding that Metal-Tech made corrupt payments to obtain its alleged investment in the Uzbek molybdenum industry. The case is the first-ever investment treaty claim before ICSID to be dismissed on corruption grounds. The decision was nominated by Global Arbitration Review for "Most Important Published Decision of 2013 in Jurisprudential Terms".

Government of Bulgaria, ICSID Arbitration, 2012

Carolyn represented the Government of Bulgaria in an ICSID arbitration, 'Plama Consortium v. Republic of Bulgaria', under the Energy Charter Treaty and Bilateral Investment Treaties of claims of over US$100 million, arising from the privatization of an oil refinery project. Through Carolyn's efforts, the case was dismissed and Bulgaria won a substantial cost award.

Republic of Peru, electricity transmission and legal stability dispute, 2011

Carolyn represented Peru in Aguaytia Energy, 'LLC v. Republic of Peru', an ICSID arbitration of a dispute involving electricity transmission and legal stability agreements in Peru. Her successful defences of Peru resulted in the dismissal of the case and the dismissal of the investor's claims – which totaled in excess of US$100 million.

PSEG Global Inc. & Another v. Republic of Turkey (ICSID), 2007

Carolyn represented PSEG Global Inc. and Konya Ilgin Elektrik in an ICSID arbitration arising under the US-Turkey bilateral investment treaty involving an investment in Turkey's electric power industry. Carolyn defeated Turkey's efforts to dismiss the case on jurisdictional grounds and then obtained a US$21 million ICSID award in favor of the claimants, including an award of costs of US$4.6 million.

Tribunal Member, Canadian ICSID claim against the US, 2003

Carolyn served as a member of the arbitral tribunal in the case of 'ADF Group Inc. v. United States of America', an ICSID Additional Facility arbitration filed by a Canadian investor under chapter 11 of the North American Free Trade Agreement.

Republic of Indonesia, foreign licence revocation (ICSID), 1990

Carolyn represented the Republic of Indonesia through the final stages of the first trial, annulment proceedings and resubmission proceedings (including the retrial) of 'Amco Asia et al. v. Republic of Indonesia', ICSID Case No. ARB/81/1, which resulted from the revocation of a foreign investment license that permitted an investor to construct and operate a hotel in Jakarta. The case raised numerous issues of first impression and remains to date one of the most heavily cited cases in the investor-State context. Through Carolyn's efforts, the first award was annulled, the second award was partially annulled and the damages were significantly reduced.

Speaking Engagements

"Fundamental Rules of Procedure: Whose Due Process Is It?", May 6, 2014: Annual Proskauer Lecture on International Arbitration, Columbia School of Law,
New York

"Pleading and Proof of Fraud and Comparable Forms of Abuse", April 8, 2014: 22nd International Council for Commercial Arbitration (ICCA) Congress,
Miami

"Multi-Party Arbitration of Complex Financial Disputes", June 1, 2012: .R.I.M.E. Finance: Presentation of Arbitration Institute for Complex Financial Disputes,
The Hague

"Political Interference in Bar Associations", May 31, 2012: 7th Annual IBA Bar Leaders' Conference,
The Hague

"The Changing Face of Investment Treaty Arbitration", April 17, 2012: Inaugural Conference of the Atlanta International Arbitration Society,
Atlanta, GA

"International Arbitration in Latin America", April 12, 2012: Yale Law School Breakfast Roundtable,
Washington, DC

"Legitimacy Issues in Arbitrations with Sovereigns", March 23, 2012: Columbia Arbitration Day, Columbia University School of Law,
New York

"Internationalization of the Practice of Law and Important Emerging Issues for Investor-State Arbitration", July 25, 2011: Opening Lecture, Hague Academy of International Law

"Recent Trends: International Investment Treaty Law", March 25, 2011: American Society of International Law, Annual Meeting,
Washington, DC

"Managing the Arbitration Proceedings—Contentious Issues in Case Management, Evidence, Submissions, and Time Management", March 4, 2011: International Arbitration Day,
Seoul, Korea

"State Court Intervention in Arbitration", November 17, 2010: 27th AAA/ICC/ICSID Joint Colloquium on International Arbitration,
Paris

"Comparative Law in US Courts, International Tribunals, and the American Bar Association", July 26, 2010: XVIIth International Congress of Comparative Law,
Washington, DC

"Impact of Globalization on the Legal Profession", May 17, 2010: American Law Institute, Annual Meeting,
Washington, DC

Publications

  • Internationalization of the Practice of Law and Important Emerging Issues for Investor-State Arbitration, Recueil des Cours de l'Academie de Droit International de la Haye/Collected Courses of the Hague Academy of International Law, Vol. 354, 2011
  • State Court Intervention in International Arbitration: The United States Perspective, 26 ICSID review-Foreign Investment Law Journal 94, 2011, (co-authored with Eckhard R. Hellbeck)
  • The Principal of State Sovereignty over Natural Resources in US Lawsuits against OPEC and Member Countries, OPEC and International Law, 2010, (co-authored with Robert A. Milne and Hansel T. Pham)
  • Has the Time Come for an ICSID Code of Ethics for Counsel?, 2 Y.B Int'l Invest. L. & Pol'y , 2009-2010, (co-authored with Hansel T. Pham and Chiara Giorgetti)
  • Consent and Due-Process in Multiparty Investor-State Arbitrations, International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer, 2009, (co-authored with Hansel T. Pham and Alexandra K. Meise Bay)
  • Anti-Suit Injunctions in Aid of International Arbitration: The American Approach, 12 International Arbitration Law Review 115, 2009, (co-authored with Eckhard Hellbeck and Joseph Brubaker)
  • Investment Treaty Arbitration: A Strategic Option or Legal Defense, Background Notes" ABA Section of International Law Conference: Resolution of Russia-Related Business Disputes: The Next Wave? Moscow, Sept. 21, 2009, (co-authored with Eckhard R. Hellbeck)
  • Interim Measures and Dismissal Under the 2006 ICSID Rules, The Future of Investment Arbitration, 2009, (co-authored with Hansel Pham and Chiara Giorgetti) (Ed. Roger P. Alford and Catherine A. Rogers)
  • The New Frontier of Investor-State Arbitration: Annulment of NAFTA Awards, International Arbitration Law Review, 2008, (co-authored with Chiara Giorgetti)
  • Editorial: IALR Special Issue on US Law, January 2008, (co-authored with Eckhard Hellbeck)
  • Inoperative Arbitration Agreements Under the New York Convention, Enforcement of Arbitration Agreements and International Arbitral Awards — The New York Convention 1958 in Practice, 2006, (co-authored with Jeremy K. Sharpe)

Awards & Recognition

Band 1: Dispute Resolution: International Arbitration – USA, Chambers Global 2014, Chambers USA 2014, Chambers Asia Pacific 2014

Arbitration (International) – Global-wide, Chambers Global 2014

Top Lawyer, Washingtonian Magazine, 2013–2014

International Trade and Arbitration

Top 250 Women in Litigation, Benchmark 2014

100 Most Influential Lawyers in the United States, National Law Journal, 2013

Honorary Doctor of Laws Degree, Earle Mack School of Law at Drexel University, conferred June 2012

Honorary Doctor of Laws Degree, State University of New York (SUNY) Buffalo, conferred May 2012

Named 'Lawyer of the Americas', Inter-American Law Review, published by the University of Miami School of Law, 2012

100 Most Powerful Women in Washington, DC., Washingtonian Magazine, 2011

Named as a 'Visionary', Legal Times, 2010