Carolyn Lamm

Partner, Washington, DC

Biography

“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 corporations and sovereign clients. She also serves as lead counsel in arbitration-related litigation. 

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, and commercial arbitral fora including AAA/CDR, ICC, Vienna Centre, Stockholm Chamber, Swiss Chamber and in federal court litigation. 

She is the Distinguished Faculty Chair at the University of Miami School of Law in the White & Case LLM program in International Arbitration, where she teaches International Investment Arbitration. Carolyn is also a fellow at the American College of Trial Lawyers, the preeminent organization of trial lawyers in North America dedicated to the highest standards of trial advocacy, professionalism, and the administration of justice.

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 Vice President of the American Bar Endowment, a member of the ICCA Governing Board, an Emeritus member of the Council of the American Law Institute, 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 record in international dispute resolution and her leadership in the profession have been repeatedly recognized by numerous sources including most recently by: Who's Who Legal – Thought Leader in Arbitration 2020; LMG Euromoney's Women in Business Law Awards 2019 – Best in Commercial Arbitration; The Legal 500 US 2019 – International Arbitration Leading Lawyers Hall of Fame; 2019 Lawdragon Hall of Fame; 2018: ABA Rasmussen Award winner, Advancement of Women in International Law; Who's Who Legal – Thought Leader in Arbitration. 2017: Who's Who Legal – Thought Leader in Arbitration; Euromoney's Expert Guides Women in Business Law. 2016: Law360 – The 5 Most Influential Female International Arbitrators; Benchmark Litigation, Top 250 Women in Litigation (5th ed.) 2014: Best Lawyers - US International Arbitration Lawyer of the Year; 2013 National Law Journal's (NLJ) 100 Most Influential Lawyers in the US; 2012: Lawyer of the Americas Award, University of Miami Inter-American Law Review. 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; NLJ, 50 Most Influential Women in America; Lawdragon 500 Leading Lawyers in America; NLJ, 100 Most Influential Lawyers in America; Woman Lawyer of the Year" Award by Women's Bar Association of Washington, DC.

Carolyn is a past President of the District of Columbia Bar and the American Bar Association and until recently, was the ABA'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
District of Columbia Bar
Florida State Bar
New York State Bar
US District Court for the District of Columbia
US District Court for the Middle District of Florida
US District Court for the Southern District of Florida
US District Court for the Southern District of New York
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Armed Forces
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the Federal Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Tenth Circuit
US Supreme Court
US Court of International Trade
US Claims Court
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

Carolyn has served as counsel in significant representations, including: 

  • Representing the Russian Federation in litigation before the U.S. District Court for the District of Columbia to resist the enforcement of the +US$50 billion Yukos arbitration awards, the largest awards in the history of arbitration.  Supporting counsel in related proceedings before the courts of the Netherlands, Belgium, Canada, Germany, and other jurisdictions.
  • Representing Grupo Unidos por el Canal (GUPC) and its European partners, Salini-Impreglio, Sacyr, and Jan de Nul, in disputes with the Panama Canal Authority (ACP) regarding the construction of new locks at the Panama Canal. 
  • Representing the Republic of Uzbekistan in Oxus Gold v. Republic of Uzbekistan, an UNCITRAL arbitration under the UK – Uzbekistan BIT in a dispute concerning mines that contain gold, silver, and other metals. Successfully defeated more than 99% of the claimant's US$1.3 billion claim. 
  • Represented the Republic of Uzbekistan in Metal-Tech Ltd. v. Republic of Uzbekistan, 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". 
  • Representing the Republic of Uzbekistan in Vladislav Kim and others v. Republic of Uzbekistan, an ICSID arbitration under the Kazakhstan-Uzbekistan BIT concerning two cement plants.  
  • Representing the Republic of Uzbekistan in Güneş Tekstil and others v. Uzbekistan, an ICSID arbitration concerning alleged violations of the Turkey-Uzbekistan BIT in connection with the claimants' investment in the building and operation of shopping facilities in Uzbekistan.  
  • Represented the Republic of Uzbekistan in Spentex Netherlands, BV v. Republic of Uzbekistan, an ICSID arbitration of a dispute arising under the Netherlands-Uzbekistan BIT relating to an investment in the textile industry, in which the investor's claims were dismissed in their entirety.
  • Representing the Republic of Uzbekistan in Bursel Tekstil and others v. Uzbekistan, an ICSID arbitration brought under the Turkey-Uzbekistan BIT with respect to the claimants' alleged investment in the cotton textile industry in Uzbekistan.
  • Representing the Republic of Uzbekistan in JV Corsan-Corviam and Eleqtrtarmoqqurilish, Corsan-Corviam Construccion S.A. v. Road Fund of the Ministry of Finance and Republic of Uzbekistan, an ICC arbitration involving a road construction project.
  • Represented tens of thousands of claimants with investments in Argentina exceeding US$2.4 billion in Abaclat v. Argentina. The case arose under the Argentina-Italy bilateral investment treaty and related to Argentina's default on the payment of bonds following the declaration of a moratorium on payment of its sovereign foreign debt. The Tribunal issued a seminal 'Decision on Jurisdiction and Admissibility,' establishing jurisdiction over the claims in August 2011 – finding that sovereign bonds are protected investments and giving the green light to the first-ever mass claim in investment arbitration history. The decision was named 'Most Influential Award of the Last Decade' at the 2012 OGEMID Awards. The parties reached an historic settlement with Argentina in May 2016, whereby the Government agreed to make a cash payment "equal to 150 per cent of the principal value of the affected bonds" in exchange for a dismissal of the claim. 
  • Represented the Republic of Indonesia through the final stages of the first trial, the annulment proceedings and the 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. First award annulled, second award partially annulled, and damages significantly reduced.
  • 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, we achieved a significant victory for the Philippines, with the Tribunal's dismissal of all claims and the Singapore High Court's resolute rejection of the Claimant's petition to set aside the Tribunal's decision. In Fraport, the Tribunal dismissed the Claimant's claims in their entirety for lack of jurisdiction. The ICSID Tribunal's award dismissing the case was later annulled, albeit on a narrow procedural ground and without establishing any liability of the Republic. 
  • Represented the Philippines in an ICSID claim brought by a Belgian dredging company, Baggerwerken Decloedt en Zoon, relating to the termination of a project to rehabilitate the country's largest lake. White & Case obtained the dismissal of the vast majority of the claims presented.
  • Represented PSEG in an ICSID arbitration against the Government of Turkey arising as a result of the Government of Turkey's violation of the Fair and Equitable Treatment Standard of the US/Turkey Bilateral Investment Treaty. Prevailed to recover all "sunk costs."
  • 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 out of the privatization of an oil refinery project. Case dismissed and substantial cost award for Bulgaria.
  • 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 in which the claims of the investor, totaling in excess of US$100 million, were dismissed in their entirety. Case dismissed.

Carolyn also has served as a arbitrator or as member of the arbitral tribunal in the following cases:

  • Served as arbitrator in ADF v. United States of America, an ICSID Additional Facility arbitration filed by a Canadian investor under Chapter 11 of NAFTA
  • Served as an arbitrator in an ICSID arbitration that was instituted by Ickale Insaat Limited Sirketi, a Turkish company, against Turkmenistan relating to an alleged investment in the design and construction of various facilities in Turkmenistan. Içkale Insaat Limited Sirketi v. Turkmenistan (ICSID Arbitration Case No. ARB 10/24) 
  • Served as an arbitrator in a SIAC arbitration regarding a cancellation by a state of a contract for a gambling resort.
Speaking Engagements

Panel Member, "Is Investor-State Arbitration Special?" ICC Institute Annual Conference, December 17, 2019 

Speaker, "State Investment Disputes," Dispute Resolution in the International Oil and Gas Business, October 25, 2019

Speaker, "Finance Dispute Trends," P.R.I.M.E Finance, October 17, 2019

Speaker, "Non-party Documents – Techniques to Get Them If You Need Them," ICC Institute, October 3, 2019

Speaker, "Ethical Issues with Respect to Law Firm Ownership," American Bar Association Law Section, September 12, 2019

Speaker, "Uzbekistan's Significant Advances to Facilitate and Enhance Investment," American Uzbek Chamber of Commerce Forum, July 18, 2019

Faculty, Master Class: "Managing a Law Firm: How to Succeed," International Legal Forum, April 25, 2019

Speaker, "Law in an Era of Rapid Modernization," International Legal Forum, April 25, 2019

Panel Member, "Round Table on International Arbitration," Development Strategy Center, Tashkent Uzbekistan, April 24, 2019

Speaker, "The Importance of Dealing with Fraud, Corruption and Illegality in International Arbitration: Evolution as a Legal Standard and Impact on Development," 7th Bergsten Lecture, Vienna, April 14, 2019

Speaker, "A Conversation Regarding International Arbitration Practice," ILA American Branch Investment law Committee, Harvard Law, April 4, 2019

Speaker, "A State's Many Roles in International Adjudication," ASIL, March 29, 2019

Speaker, "Enforcement of Court or Arbitrator Interim Measures," ICCA-ICC Mexico Conference, March 26, 2019

Speaker, "Disputes Involving States and State Entities: More Than Just a Contract?", ICC Miami Conference, November 12, 2018

Speaker, "Is the Enforcement of Arbitral Awards at Risk?", IBA Iberian Lawyer / Kluwer Master Class, October 8, 2018 

Speaker, "Active Case Management Techniques," 13th ICC New York Conference on International Arbitration, September 27, 2018

Speaker, "Hiring Counsel for Treaty Cases—Are Government's Getting it Right?", GAR Live, May 17, 2018

Panel Member, "Personal Reflections from Leading Arbitrators on Evolution and Adaptation," ICCA, April 16, 2018

Faculty, "International Investment Arbitration Course," University of Miami School of Law LLM Students, March 5-8, 19-22, 2018

Publications

"International Arbitration Should Permit the Direct Examination of Witnesses and Experts," New York Dispute Resolution Lawyer, Fall 2019 (co-authored with Eckhard Hellbeck and Aswini Velchamy)

"Enforcement of Judgments," Chapter 62, Business and Commercial Litigation in Federal Courts (Robert L. Haig, ed., 4th ed. 2016) (co-authored with Eckhard Hellbeck)

"Mass Claims in Investment Arbitration: Jurisdiction and Admissibility," Class and Group Actions in Arbitration (ICC Institute of World Business Law Dossier, Bernard Hanotiau and Eric Schwartz, eds., 2016) (co-authored with Eckhard Hellbeck and Onur Saka)"The Consequences of Corruption in Investor-State Arbitration," Building International Investment Law: The First 50 Years of ICSID (eds. Meg Kinnear et al., Kluwer), 2015, (with Andrea J. Menaker) 

"An Arbitrator's Duties: Due Process and Trust in Investor-State Arbitration," Bahrain Chamber for Dispute Resolution International Arbitration Review, Volume 2, December 2015 (co-authored with Eckhard Hellbeck and David P. Riesenberg)

"Pleading and Proof of Fraud and Comparable Forms of Abuse in Treaty Arbitration," Legitimacy: Myths, Reality, Challenges (ICCA Congress Series, Volume 18 (Albert Jan van den Berg, ed. 2015) (co-authored with Eckhard Hellbeck and Imad Khan)

"The Two Annulment Decisions in Amco Asia and 'Non-Application' of Applicable Law by ICSID Tribunals," Practising Virtue—Inside International Arbitration (David D. Caron, et al., eds. 2015) (co-authored with Eckhard Hellbeck and David P. Riesenberg)

"Theories of Liability and Responsibility," International Financial Disputes - Arbitration and Mediation (Jeffrey Golden & Carolyn Lamm, eds. 2015) (co-authored with Eckhard Hellbeck and David P. Riesenberg)

Awards and Recognition

Band 1: International Arbitration – Chambers USA 

Band 1: Arbitration (International) – Chambers Global 

Hall of Fame: Dispute Resolution, International Arbitration – The Legal 500

Global Thought Leader, Arbitration – Who's Who Legal

ABA Rasmussen Award Winner for the Advancement of Women in International Law

100 Most Influential Lawyers in the US, and 50 Most Influential Women in America, National Law Journal

Top Lawyer for International Trade and Arbitration, and 100 Most Powerful Women in Washington DC, Washingtonian Magazine

Top 250 Women in Litigation, Benchmark Litigation

Honorary Doctor of Laws Degree Recipient, Earle Mack School of Law at Drexel University

Honorary Doctor of Laws Degree Recipient, State University of New York (SUNY) Buffalo