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 Canadian mining clients with treaty-based claims against the Republic of Kazakhstan. He also advises clients on treaty rights, 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
Allegheny Technologies and Tsingshan form innovative stainless steel joint venture
Jones 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 Panama
Jones 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 Kazakhstan
Jones Day represents a Canadian mining company in an UNCITRAL arbitration against the Republic of Kazakhstan.
Alhambra Resources initiates ICSID arbitration against Kazakhstan
Jones Day represents Alhambra Resources Ltd., an international gold explorer and producer based in Calgary, in an ICSID arbitration against the Republic of Kazakhstan.
World Wide Minerals achieves right to arbitrate its expropriation and international law claims against Republic of Kazakhstan
An arbitral tribunal convened under the UNCITRAL Arbitration Rules has held that Kazakhstan is a legal successor to the 1989 Agreement between the Government of Canada and the Government of the Union of Soviet Socialist Republics for the Promotion and Reciprocal Protection of Investments (the "Canada/USSR BIT").
Federal Elektrik Yatirim ve Ticaret arbitrates issues against Uzbekistan under Energy Charter Treaty
Jones 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 license
Jones 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 proceedings
Jones 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 Virginia
Jones 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 process
In 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 Ecuador
Jones 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 aviation
Jones 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 action
Jones 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 Petroecuador
Jones 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 IDEA
Jones 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 Court
After 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 statute
Jones 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 forum
On 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 Court
Saudi 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.
Additional Publications
- 2015America: The Adoption by International Tribunals of a Substantive/Transactional Approach to Res Judicata--A New Paradigm in International Dispute Resolution? Charles T Kotuby Jr; James A Egerton-Vernon ICSID Review (doi: 10.1093/icsidreview/siv021)
- January 9, 2015Apotex Inc. v. The Government of the United States of America: Will barriers to Jurisdiction Inhibit an Emerging Trend?, 30(1) ICSID Review (doi:10.1093/icsidreview/siu031)
- 2014The Year in Review, ABA Section of International Law, Disputes, International Arbitration, Vol. No. 48 ABA/SIL YIR (n.s.) page nos. 119-134
- Fall 2013General Principles of Law, International Due Process, and the Modern Role of Private International Law, 23 Duke J. Int'l & Comp. L. 411
- July 12, 2013Practical Suggestions to Promote the Legitimacy and Vitality of International Investment Arbitration, 28(2) ICSID Review (doi:10.1093/icsidreview/sit013)
- 2011Bilateral Investment Treaties And International Air Transportation: A New Tool For Global Airlines To Redress Market Barriers, 76 J. of Air L. & Comm. 457
- 2011"Other International Obligations” As The Applicable Law In Investment Arbitration, 2011 Int'l Arb. L. Rev. 162
- Fall 2009United States Court of Appeals for the 11th Circuit: King et al. v. Cessna Aircraft Co., International Legal Materials, Vol. 48, No. 4
- Spring 2008Private International Law before the United States Supreme Court: Recent Terms in Review, Journal of Private International Law, Vol. 4, No. 1
- 2005Inverse Federalism: The Need for International Consensus In the Federal Standardization of Private International Law, in Brand (ed.), Private Law, Private International Law, and Judicial Cooperation in the EU-US Relationship, CILE Studies Vol. II, West
- March 2004Book Review - Francesco Seatzu, Insurance in Private International Law - A European Perspective, Oxford: Hart Publishing, 2003, E.L. Rev. 2004
- Spring 2002Internal Developments and External Effects: The Federalization of Private International Law in the European Community and its Consequences for Transnational Litigants, 21 J.L. & Com. 157
- Spring 2001International Anonymity: The Hague Conventions on Service and Evidence and Their Applicability to Internet-Related Litigation, 20 J.L. & Com. 103
- Spring 2001The External Competence of the European Community in The Hague Conference on Private International Law: Community Harmonization and Worldwide Unification, 48 N.I.L.R. 1
Speaking Engagements
- October 30, 2017Investment Structuring and Treaty Protection
- October 30, 2017Investment Structuring and Treaty Protection IABA - IIEL Conference
- February 10, 2016Effects of the Hague Convention on Choice of Court Agreements on International Arbitration (Moderator)
- November 2, 201550th 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, 2015The SID-Washington Asia Pacific Workgroup: Rule of Law and Development: The Case for Myanmar
- October 24, 2015International Law Weekend: International Law in a Time of Chaos - Private International Law: Year in Review
- October 6, 2015Strategic Considerations in Negotiating and Drafting Arbitration Clauses in International Contracts, Jones Day/Pittsburgh and the Western Pennsylvania Chapter of the Association of Corporate Counsel
- February 2, 2015Center 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, 2014Oil & Gas Arbitration: A Primer on Dispute Resolution Clauses for Transactional Lawyers, YCAP, ICDR and AIPN event
- February 4, 2014Current Developments in Commercial Arbitration, panelist, Georgetown University Law Center, International Arbitration Month
- October 24-26, 2013Current Developments in International Law, ABILA International Law Weekend 2013: Internationalization of Law and Legal Practice
- September 19-20, 2013International Law Weekend, Midwest - The Legal Challenges of Globalization, Washington University School of Law
- November 2, 2012What is Private International Law? Duke Law School
- 9/17/2012The Future of International Aviation: Conflict or Cooperation?, International Aviation Law Conference, American University
- October 25-26, 2007Significant Education Law Developments, 2007 ABA Administrative Law Conference
- University of Pittsburgh (J.D. cum laude 2001; Notes & Comments Editor, Journal of Law & Commerce; Winner of the 2000 Albert S. Pergam National Writing Competition and the 2001 University of Pittsburgh Faculty Award for Excellence in Legal Writing and Scholarship; B.A. cum laude 1997; Schenker Economics Prize winner); University of Durham (LL.M. in International and European Union Law with first class honours 2000; Rotary International Ambassadorial Scholar, 1999-2000)
- Pennsylvania; District of Columbia; U.S. Courts of Appeals for the Third, Fifth, Sixth, Ninth, and D.C. Circuits; and U.S. District Court for the District of Columbia
- Fellow, Max Planck Institute on Foreign and Private International Law, Hamburg, Germany (2002); Stagiaire attorney, Permanent Bureau of the Hague Conference on Private International Law, Netherlands (2000)
- Law Clerk to the Honorable Joseph F. Weis, U.S. Court of Appeals, Third Circuit (2002-2004)