Benjamin Guthrie
Benjamin is an Associate in our New York office specializing in international arbitration and public international law.
Benjamin's practice includes experience representing clients in high stakes international arbitration and litigation, as well as providing advice on issues of public international law and business and human rights.
Recent publications
- Is Investor-State Arbitration Warming up to Security for Costs?, Kluwer Arbitration Blog (June 18, 2019) (with Chiara Cilento), http://arbitrationblog.kluwerarbitration.com/2019/06/18/is-investor-state-arbitration-warming-up-to-security-for-costs/?.
- The Role of Scientific and Technical Experts, in Research Handbook on International Water Law (Christina Leb & Stephen McCaffrey eds., 2019) (with Cicely O. Parseghian)
- Report Number 8-15(2): Framework Agreement between the Government of the Republic of Cyprus and the Government of the Arab Republic of Egypt Concerning the Development of Cross-Median Line Hydrocarbons Resources, in International Maritime Boundaries (Coalter G. Lathrop, ed.) (with Christina G. Hioureas)
- Book Review: Sovereignty Disputes and Offshore Development of Oil and Gas, 36 Journal of Energy & Natural Resources Law 361 (2018) (with Christina G. Hioureas)
- Beyond Investment Protection: An Examination of the Potential Influence of Investment Treaties on Domestic Rule of Law, 45 N.Y.U. J. Int'l L. & Pol. 1151 (2013)
Background
Benjamin obtained his JD from New York University School of Law, where he was awarded membership in the Order of the Coif.
Prior to joining the firm, Benjamin was an associate at Foley Hoag LLP in Boston, MA.
Benjamin is admitted to practice law in New York and Massachusetts.
Benjamin's experience includes a particular emphasis on Latin American matters; he is proficient in Spanish.
Experience & expertise
Selected matters
International Commercial Arbitration: Benjamin has represented clients in high-value international commercial arbitrations under the rules of major arbitral institutions, including:
- An international oil company and its parent companies in a New-York seated arbitration involving the proceeds emerging from an investor-State arbitration.
- A major energy company in a Texas-seated arbitration relating to offshore drilling operations.
- A major energy company in a New York-seated arbitration relating to deepwater drilling rig contracts.
- A confidential client in a Rio de Janeiro-seated arbitration relating to the operation of an iron ore pipeline.
- A major manufacturer of solar panels in a London-seated arbitration under LCIA rules (governed by New York Law) regarding a polysilicon supply contract.
Investor-State Arbitration: Benjamin advises clients regarding the protections available under investment treaties in the investment and pre-dispute phases, and has represented clients in major investor-state arbitrations including:
- A South American state in an ICSID arbitration regarding an investment in the country’s manufacturing sector.*
- An African state in an ad-hoc arbitration under the UNCITRAL rules regarding an investment in the real estate sector.*
- A South American state in an ICSID arbitration regarding an investment in the mining sector.*
Business and Human Rights: In addition to his arbitration practice, Benjamin advises on businesses’ international human rights obligations and best practices. He has provided advice and participated in on-the-ground assessments and reviews for multinational clients in the manufacturing, mining, and technology sectors.
Public International Law: Benjamin has experience in public international law, and represented a Central American state in proceedings before the International Court of Justice concerning transboundary environmental harm. He previously taught public international law as an adjunct professor at New England Law Boston.
US Litigation: Benjamin has experience litigating international disputes before U.S. federal courts, including commercial disputes raising issues of foreign sovereign immunity and actions for the enforcement and recognition of international arbitral awards.
Related insights
