Charles T.Kotuby Jr. (Chuck)

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Charles Kotuby is an international law counsel who represents multinational corporations in complex international disputes. He has acted in international arbitrations and litigations across a range of sectors and industries, including oil and gas, aviation, mining, and other extractive projects.

His practice is focused on investment arbitration and litigation involving foreign sovereigns and on novel issues of public and private international law. He has appeared as counsel in international matters before the U.S. Supreme Court, the Court of Justice of the European Union, ICSID, and UNCITRAL tribunals. Charles has been counsel to Chevron in its multibillion dollar dispute in Ecuador and is currently representing a number of clients with treaty-based claims in Central Asia, Latin America, and the Middle East. He also advises clients on political risk, investment protections, international border, and maritime issues.

According to Judge Stephen Schwebel, arbitrator and former president of the International Court of Justice, Charles is one of the world's "leading international counsel and advocates" (foreword to Kotuby & Sobota, General Principles of Law and International Due Process [Oxford 2017]). Charles's book on international law has been called "astute" (Judge James Crawford),"brilliant" (Pierre-Marie Dupuy), and a "signal contribution" (Judge Schwebel).

Charles is a Fellow in the Chartered Institute of Arbitrators, an adjunct professor of law at the University of Pittsburgh and American University Washington College of Law, and a member of the United States Government Delegation to UNCITRAL Working Group III on Reforms to Investor-State Dispute Settlement and the U.S. State Department Advisory Committee on Private International Law.

Experience

  • World Wide Minerals obtains arbitration award in excess of $50 million against the Republic of KazakhstanJones Day obtained an arbitration award on behalf of World Wide Minerals Ltd. ("WWM"), a Toronto-based mining company, and Mr. Paul A. Carroll, QC, WWM's President and CEO, which held that the Republic of Kazakhstan breached international law and the Canada-U.S.S.R. Bilateral Investment Treaty ("BIT") over 20 years ago.
  • Allegheny Technologies and Tsingshan form innovative stainless steel joint ventureJones Day advised Allegheny Technologies (ATI), a global manufacturer of advanced specialty materials, in connection with the formation of a 50/50 joint venture with an affiliate of Tsingshan Group.
  • U.S. construction company arbitrates dispute with Panama for violation of applicable treaties between U.S. and PanamaJones Day is representing a U.S. construction company in an international arbitration conducted under the Rules of the International Centre for the Settlement of Investment Disputes against the Republic of Panama.
  • Canadian mining company initiates UNCITRAL arbitration against KazakhstanJones Day represents a Canadian mining company in an UNCITRAL arbitration against the Republic of Kazakhstan.
  • Alhambra Resources initiates ICSID arbitration against KazakhstanJones Day represents Alhambra Resources Ltd., an international gold explorer and producer based in Calgary, in an ICSID arbitration against the Republic of Kazakhstan.
  • Federal Elektrik Yatirim ve Ticaret arbitrates issues against Uzbekistan under Energy Charter TreatyJones Day represents Federal Elektrik Yatirim ve Ticaret A.S. and three other claimants in an ICSID arbitration against Uzbekistan seeking millions of dollars of compensation under the Energy Charter Treaty and the Turkey-Uzbekistan bilateral investment treaty.
  • Singaporean company pursues deep sea mineral exploration licenseJones Day represented a Singaporean company on its application to the International Seabed Authority for a deep sea mineral exploration license and associated joint venture arrangements.
  • HydroDive Nigeria Ltd. successfully obtains evidence under 28 U.S.C. § 1782 in aid of its pending Nigerian litigation and ongoing administrative proceedingsJones Day client HydroDive Nigeria Ltd. is involved in contentious litigation in the Nigerian High Court over an alleged incident of business defamation.
  • Kingdom of Belgium wins dismissal of expropriation, related claims in Eastern District of VirginiaJones Day client the Kingdom of Belgium won dismissal of a case brought under the Alien Tort Statute (ATS) and Foreign Sovereign Immunities Act (FSIA).
  • Federal judge rules that state law prohibiting post-conviction access to DNA testing violates due processIn the first case to find a constitutional right to DNA testing since the Supreme Court clarified this developing area of the law, a federal judge has held that Pennsylvania's post-conviction DNA testing procedures violated the Due Process Clause and that testing should be ordered to determine whether Jones Day client Emmitt Grier was wrongly convicted of rape in 2000.
  • Chevron obtains discovery against former opposing counsel in long-running litigation in Ecuador and BIT Arbitration against Republic of EcuadorJones Day client Chevron Corporation has been involved in contentious litigation in Ecuador in which the plaintiffs have alleged billions of dollars in damages.
  • IATA challenges the EU's extension of its Emission Trading Scheme in aviationJones Day is representing International Air Transport Association (IATA) in its challenge to the EU's extension of its Emission Trading Scheme to aviation.
  • Bridgestone/Firestone resolves tire recall securities class actionJones Day represented Bridgestone/Firestone, Inc., in a securities fraud action brought in the aftermath of the Firestone ATX/Wilderness tire recall.
  • Chevron pursues arbitration to enforce contractual right to indemnification against PetroecuadorJones Day represented Chevron Corporation in an arbitration initiated in June 2004 against Petroecuador, the state-owned oil company of Ecuador, to enforce a contractual right to indemnification under a Joint Operating Agreement.
  • Autism organizations file amici curiae briefs in Supreme Court case involving burden of proof in due process hearings under IDEAJones Day represented the Autism Society of America (Northern Virginia Chapter), Parents for Autistic Children's Education (PACE), Parents of Autistic Children of Northern Virginia Inc. (POAC-NoVA), and Unlocking Autism (UA) as amici curiae in a U.S. Supreme Court case involving allocation of the burden of proof in due process hearings under the Individuals with Disabilities Education Act (IDEA).
  • Bivens Plaintiff obtains reinstatement of favorable panel opinion following remand by Supreme CourtAfter a remand for reconsideration by the U.S. Supreme Court, a panel of the U.S. Court of Appeals for the District of Columbia reaffirmed its prior opinion in favor of Jones Day's client, William G. Moore, Jr.
  • Individual plaintiffs prevail in landmark U.S. Supreme Court case interpreting supplemental jurisdiction statuteJones Day represented individual plaintiffs in this personal injury action raising the jurisdictional question whether the requirement that every plaintiff in a diversity case must separately satisfy the jurisdictional amount-in-controversy requirement survives the enactment of the supplemental jurisdiction statute, 28 U.S.C. § 1367.
  • R.J. Reynolds petitions for certiorari to resolve issue of whether suit is permitted on claim having no connection to the forumOn behalf of R.J. Reynolds Tobacco Company, Jones Day argued in petition for certiorari that the U.S. Supreme Court should resolve the issue of whether product sales and sales-related activity within a forum state can constitute sufficient minimum contacts to support the exercise of general jurisdiction over a company incorporated and headquartered elsewhere, thus permitting suit on a claim having no connection to the forum.
  • Saudi Basic Industries defends breach of contract and tort action governed by Saudi Arabian law in Delaware courts and Supreme CourtSaudi Basic Industries Corporation (SBAIC) was represented by Jones Day in a case involving allegations by ExxonMobil that the SBAIC had overcharged its Saudi Arabian joint ventures, known as Kemya and Yanbu, for certain technology SABIC purchased in 1980 from the Union Carbide Corporation.
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    July 2019 Commentaries

    Renegotiation of Existing BITs by the Netherlands May Directly Affect Current Investments

    October 2018 Alerts

    NAFTA 2.0 to Bring Major Changes to Investor-State Dispute Settlement

    March 2018 Commentaries

    Restructuring Recommended after CJEU Decision on Intra-EU Bilateral Investment Treaties

    August 2017 Commentaries

    Tanzania Overhauls Mining Laws, Fines Investor US$190 Billion: Is Your Investment Protected?

    June 2017 Jones Day Publications

    How High Court Resolved The Service­By­Mail Circuit Split, Law 360

    March 2017 Alerts

    Investors in Southern African Development Community Stripped of International Treaty Protections

    March 2017 Jones Day Publications

    Charles T. Kotuby, Jr. co-authors General Principles of Law and International Due Process, published by Oxford University Press

    February 2017 Commentaries

    U.S. Supreme Court to Resolve Service of Process by Mail Under the Hague Convention

    September 2016 Commentaries

    Saudi Arabia to Join Hague Conference on Private International Law: A Move Toward International Standards?

    December 2015 Commentaries

    Recent Decision on Sovereign Immunity Highlights Need for Advance Planning When Transacting With Foreign Sovereign Entities
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    Speaking Engagements

    • October 12, 2019
      ABILA International Law Week, "The Resilience of Judgments Recognition Initiatives"
    • March 8, 2019
      ITF Meeting: General Principles of Law in Investment Arbitration, and the Hierarchy of Norms under International Law
    • March 1, 2018
      "Applying 'General Principles of Law' to International Disputes," A CIArb Event
    • February 24, 2016
      Why Major International Disputes Can Often Be Better Resolved in Arbitration
    • February 22, 2016
      Commercial, Political, and Regulatory Risks in Foreign Operations
    • November 2, 2015
      50th Anniversary of the 1965 Hague Service Convention and the 45th Anniversary of the 1970 Hague Evidence Convention - "What's Coming Next? Critical Challenges Facing the Conventions"
    • October 29, 2015
      The SID-Washington Asia Pacific Workgroup: Rule of Law and Development: The Case for Myanmar
    • October 24, 2015
      International Law Weekend: International Law in a Time of Chaos - Private International Law: Year in Review
    • October 6, 2015
      Strategic Considerations in Negotiating and Drafting Arbitration Clauses in International Contracts, Jones Day/Pittsburgh and the Western Pennsylvania Chapter of the Association of Corporate Counsel
    • April 22, 2015
      2015 Speakers Series: Commercial, Political, and Regulatory Risks: Bringing the Rule of Law to Your Foreign Investments
    • February 25, 2015
      Executive Roundtable Series - Commercial, Political, and Regulatory Risks: Bringing the Rule of Law to Your Foreign Investments
    • February 2, 2015
      Center for International Legal Education (20th Anniversary), University of Pittsburgh School of Law - "The Role of the Global Lawyer in Promoting the Rule of Law"
    • October 15, 2014
      Oil & Gas Arbitration: A Primer on Dispute Resolution Clauses for Transactional Lawyers, YCAP, ICDR and AIPN event
    • February 4, 2014
      Current Developments in Commercial Arbitration, panelist, Georgetown University Law Center, International Arbitration Month
    • October 24-26, 2013
      Current Developments in International Law, ABILA International Law Weekend 2013: Internationalization of Law and Legal Practice
    • September 19-20, 2013
      International Law Weekend, Midwest - The Legal Challenges of Globalization, Washington University School of Law
    • November 2, 2012
      What is Private International Law? Duke Law School
    • 9/17/2012
      The Future of International Aviation: Conflict or Cooperation?, International Aviation Law Conference, American University
    • October 25-26, 2007
      Significant Education Law Developments, 2007 ABA Administrative Law Conference
    • June 27-28, 2007
      First Annual Conference for the Journal of Private International Law, University of Birmingham
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