Caline Mouawad

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Caline Mouawad

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Caline Mouawad is a Partner in King & Spalding’s International Arbitration Group, residing in the New York office. Ms. Mouawad concentrates her practice on international arbitration. Her experience includes arbitrations involving claims and disputes in Europe, the CIS, Latin America, North Africa, and the Middle East, relating to public and private international law issues, bilateral investment treaties, breach of contract, financial transactions, and privatization agreements.  Ms. Mouawad is involved in complex arbitrations in a variety of sectors including oil and gas, energy, telecommunications, and mining.  She has represented clients in cases before the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA), the American Arbitration Association (AAA), and the International Commercial Arbitration Court of the Russian Chamber of Commerce (ICAC), as well as in ad hoc cases under the UNCITRAL Rules.  In the 2010 edition of The Global Arbitration Review 100, she was named a “lawyer to know.”  She was “recommended” by Legal 500:  Latin America (2012) and (2013) and Legal 500:  US (2013).

Publications

  • “Structuring Your Investment to Protect IP Rights – the Case of Compulsory Licensing,” The Pharma Letter (Mar. 21, 2014) (co-author)

  • “The Protection Offered by ‘Umbrella Clauses’ in Korean Investment Treaties,” Journal of Arbitration Studies Vol. 23 No. 3 (Sept. 2013), 127-47 (co-author)

  • “Resource Nationalism and Mining Reforms:  An Increased Potential for International Disputes,” The Northern Miner (Sept. 26, 2013) (co-author)

  • “A Guide to Interim Measures in Investor-State Arbitration,” Arbitration International Vol. 29 No. 3 (2013), 381-434 (co-author)

  • “Who Decides?  The Tug-Of-War Between U.S. Courts and Arbitrators:  A Commentary On Republic of Iraq v. BNP Paribas USA,” in Jalal El Ahdab (ed.), International Journal of Arab Arbitration Vol. 4 No. 3 (2012), 112-28 (co-author)

  • “The DynCorp Case:  The Journey of an International Arbitration Award,” in Jalal El Ahdab (ed.), International Journal of Arab Arbitration Vol. 3 No. 3 (2011), 25-54 (co-author)

  • “Breaking New Ground:  Interim Measures in International Arbitrations Involving Petroleum Investments,” in Lex Petrolea:  The International Energy Arbitration Newsletter (K&S), Inaugural Issue (4Q 2011) (co-author)

  • “Modern and Competitive:  The New CRCICA Rules,” in Jalal El Ahdab (ed.), International Journal of Arab Arbitration Vol. 3 No. 1 (2011), 17-24 (co-author)

  • “Observations on Final Arbitral Award rendered in 2003 in SCC case 49/2002” (revised and updated), in Stephen Bond and Linn Bergman (eds.), SCC Arbitral Awards 2004-2009 (Juris 2011), 195-202 (co-author)

  • “The Meaning of ‘Investment’ in the ICSID Convention,” in Pieter Bekker, Rudolf Dolzer, and Michael Waibel (eds.), Making Transnational Law Work in the Global Economy:  Essays in Honor of Detlev Vagts (CUP 2010), 326-356 (co-author)

  • “So You Want to Start an Investment Treaty Arbitration?  Getting the Notice of Dispute Right,” in Albert Jan van den Berg (ed.), Years of the New York Convention:  ICCA International Arbitration Conference, ICCA Congress Series, 2009 Dublin Volume 14 (Kluwer Law Int'l 2009), 178-186, (co-author)

  • “Issue Conflicts in Investment Treaty Arbitration,” 5 Transnat’l Disp. Mgmt. 4 (July 2008)

  • “Tokios Tokeles:  Home is Where Control Is?”  ADR & The Law (21st ed., AAA) (Juris 2007), 259-281 (co-author)

  • Observations on Final Arbitral Award rendered in 2003 in SCC case 49/2002, Stockholm Arbitration Report 2004:1 (Juris 2004), 168-175 (co-author)

Speaking Engagements

  • “Is Investment Treaty Arbitration a Mechanism to Second-Guess Governments’ Exercise of Administrative Discretion:  Public Law or Lex Investoria?” Panel, Eighth Annual Investment Treaty Arbitration Conference, Washington D.C. (March 2014), Speaker

  • “Cross-Cultural Issues in International Mediation,” Greater New York Chapter of the Association for Conflict Resolution (ACR-GNY), New York (February 2014), Speaker

  • “Do We Need Investment Treaties?” Panel, 2013 International Law Weekend, New York (October 2013), Speaker

  • “The International Arbitrator’s Point of View,” PLI Arbitration Day, New York (June 2013), Moderator

  • “Energy Disputes In Times Of Civil Unrest,” Eighth Annual Fordham Law School Conference on International Arbitration and Mediation, New York (April 2013), Speaker

  • “Latin America - Enforcement of Awards” Panel,First Annual ICC Houston Conference on International Arbitration:  Houston as the Crossroads between the Middle East and the Americas, Houston (April 2013), Speaker

  • “Privatizing Justice:  Shifting Adjudication Out of the Judiciary” Panel, Randolph W. Thrower Symposium (Emory Law School):  Privatization:  Managing Liability and Reassessing Practices in Local & International Contexts, Atlanta (February 2013), Speaker

  • “Should the U.S. Adopt the Model Law on International Commercial Arbitration?”  Institute of International Commercial Law at Pace Law School (co-organized with the School of International Arbitration, Queen Mary), New York (October 2012), Moderator

  • “The Nuts and Bolts of Treaties:  Negotiation, Ratification and Interpretation” Panel, Seventh Annual ICC New York Conference:  Arbitration with States and State Entities Under the ICC Rules, New York (September 2012), Moderator

  • “Women in International Law:  Transforming the Legal Landscape,” New York City Bar Association, New York (May 2012), Moderator

  • “From Enforcement to Attachment:  Collecting on Arbitral Awards,” Seventh Annual Fordham Law School Conference on International Arbitration and Mediation, London (April 2012), Moderator

  • “Enforcement of Arbitral Awards Against Sovereigns” Panel, Columbia Arbitration Day 2012:  Arbitrating with a Sovereign:  Issues in Commercial and Investment Arbitration, New York (March 2012), Speaker

  • “The Impact of Technology and the Internet on the Content of Advocacy in Arbitration,” World Arbitration Forum on Intellectual Property (WAFIP), Dead Sea, Jordan (November 2010), Speaker

  • Confronting Ethical Issues in International Arbitration, 20th Annual ITA Workshop (June 2009), Faculty Member

  • Advocating an International Dispute from Different Cultural and Legal Backgrounds - Bridging the Gap Between the U.S., Europe and the Middle East (mock arbitration event), Young Arbitrators Forum of the Arbitration Committee of the United States Council for International Business (USCIB), in conjunction with ICC YAF North America, New York (September 2008), Speaker
LANGUAGES
French
English
Arabic (speaking)

EDUCATION
J.D., Harvard University
B.A., summa cum laude, Rice University

ADMISSIONS
New York
Paris (inactive)
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York